In a message dated 9/17/2007 2:33:00 PM Central Daylight Time,  
[log in to unmask] writes:

So in  this case, how would a storage vendor know if the patients the records
were  being stored for were dead or alive, or when they  died?

It is up to the entity who owns the records, not the storage  vendor.
"I agree, but I guess if it isn't in the law, then they would have to  follow
posted statutes"
Since (grinning) most doctors seem to think they are the law in certain  
instances, they really do not follow the posted statutes, and as we all know  many 
companies keep certain record series longer than the law requires for a  
variety of reasons
"And not to throw a real monkey wrench into this, but based on Alabama  having
a different statute for determining what to do with pediatric records,  what
if the patient wasn't a California resident?  Would the records  still fall
undr the jurisdiction of the California laws?  Don't the  records (based on
HIPAA) belong (at least in part) to the patient?"
Not being an attorney, I have found in Alabama, that the state in which the  
patient is a resident is not what the retention period is determined by but by 
 the location/state where the record was created and the patient seen -  
Alabama.  For instance, a number of patients from surrounding states are  seen at 
the University of Bham Medical Center,  
I think it might be interesting to learn what states other the CA & AL  have 
for retention periods.

Trudy M.  Phillips
File Management, LLC 
"Bringing Order Out of  Chaos"
8440 Lanewood Circle 
Leeds, AL 35094
Office:  205/699-8571   Fax: 205/699-3278 _www.filemanagement.com_ 
We now have  a Huntsville office.

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