Transfering Records From

One OD to Another

At first blush, the process of transferring custodianship of your patient records to another provider seems simple enough. And, in the scheme of things, it's not that complicated. There are, however, a number of elements that most optometrists do not think about but must be provided for in the transfer. These include:

• Consideration for the transfer (what is the new custodian paying for the records, if anything)
• HIPPA/Privacy compliance (representation of future compliance)
• Maintaining access for future needs (allows selling doctor access if needed)
• Destruction rights of the custodian (protects selling doctor from allowing records to be destroyed too soon)
• Cross-Indemnification (ensures neither party is assuming any responsibility from the other)
• Notice to the patients (ensures compliance with legal requirements)
• Ongoing care responsibility (clarifies who is responsible for ongoing care)

Thus, any bulk transfer of records from one optometrist to another provider (most commonly in connection with the closing of an office) should be based upon and documented with a written and signed Custodian of Records Transfer Agreement between the two parties which addresses each of these bullet points. 

Here is a sample of the Custodian of Records Transfer Agreement:

Cost, Use, and Ordering

The Custodian of Records Transfer Agreement is an attorney-drafted model agreement available to you for only $249.00.* Legal fees for drafting these types of agreements will typically cost buyers and sellers in excess of $1,500. 

The Custodian of Records Transfer Agreement includes the file discussed above, in Microsoft Word format, ready to be used. With minimal modifications (entering your state and the terms of the agreement) you will be able to use this form "as is," or you can choose to use them in consultation with your attorney and/or accountant to substantially reduce the costs you'd typically be charged for these professional advisers to "reinvent the wheel."

* Note that there is a 3% credit card processing fee added to your total, shown by PayPal as a tax.