Medical Records Custody Agreement Template for Philippines

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Key Requirements PROMPT example:

Medical Records Custody Agreement

"I need a Medical Records Custody Agreement for my small clinic in Manila, with traditional paper records storage and quarterly access requirements, ensuring compliance with Philippine privacy laws and including provisions for gradual digitization over the next five years starting January 2025."

Document background
The Medical Records Custody Agreement is essential when healthcare providers need to outsource the storage and management of patient medical records to specialized custodians. This document becomes necessary when medical facilities lack adequate storage capacity, require enhanced security measures, or need professional records management services. It is specifically designed for use in the Philippines and must comply with the Data Privacy Act of 2012, the Philippine Medical Act, and various Department of Health regulations. The agreement covers crucial aspects such as security protocols, access procedures, confidentiality requirements, and data privacy compliance measures. It's particularly important for healthcare providers undergoing digital transformation or those requiring off-site storage solutions for their medical records.
Suggested Sections

1. Parties: Identification of the records owner (healthcare provider/facility) and the records custodian, including complete legal names and addresses

2. Background: Context of the agreement, including the nature of medical records involved and the reason for external custody

3. Definitions: Key terms including 'Medical Records', 'Confidential Information', 'Authorized Personnel', 'Data Privacy Laws', 'Security Breach', etc.

4. Scope of Services: Detailed description of custodial services, including storage, maintenance, retrieval, and destruction of records

5. Term and Termination: Duration of the agreement and conditions for termination or renewal

6. Security Measures: Required physical, technical, and organizational security measures for protecting medical records

7. Access and Retrieval: Procedures for accessing records, including authorization protocols and response times

8. Confidentiality Obligations: Strict confidentiality requirements in compliance with Philippine privacy laws

9. Data Privacy Compliance: Specific obligations under the Data Privacy Act and related regulations

10. Disaster Recovery: Procedures for protecting and recovering records in case of disasters

11. Return of Records: Processes for returning records upon agreement termination

12. Fees and Payment: Compensation structure for custodial services

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. General Provisions: Standard clauses including governing law, dispute resolution, and amendments

Optional Sections

1. Electronic Records Management: Specific provisions for digital records management, required if electronic storage is included

2. Third-Party Access: Procedures for handling third-party requests, needed if custodian may receive such requests

3. International Transfer: Requirements for cross-border data transfers, necessary if records may be stored outside Philippines

4. Audit Rights: Procedures for conducting audits of custodian's facilities and practices, optional but recommended for larger institutions

5. Insurance Requirements: Specific insurance coverage requirements, recommended for high-value or sensitive records

6. Business Continuity: Detailed business continuity plans, recommended for large-scale custody arrangements

7. Subcontractor Requirements: Terms for engaging subcontractors, needed if custodian may outsource any services

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed metrics and standards for record storage and retrieval services

2. Schedule B - Fee Schedule: Detailed breakdown of all fees and payment terms

3. Schedule C - Security Protocols: Specific security measures and procedures to be implemented

4. Schedule D - Record Types and Retention Periods: List of record types covered and their retention requirements

5. Schedule E - Authorized Personnel: List of personnel authorized to access records and their access levels

6. Appendix 1 - Data Privacy Compliance Checklist: Detailed compliance requirements under Philippine data privacy laws

7. Appendix 2 - Emergency Protocols: Procedures for handling emergencies and urgent access requests

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Healthcare

Medical Services

Data Management

Information Technology

Records Management

Healthcare Technology

Medical Administration

Data Storage

Healthcare Compliance

Medical Practice Management

Relevant Teams

Legal

Compliance

Medical Records

Information Security

Risk Management

Healthcare Operations

Quality Assurance

Data Privacy

Information Technology

Administrative Services

Records Management

Clinical Operations

Relevant Roles

Medical Records Administrator

Healthcare Facility Manager

Data Privacy Officer

Compliance Manager

Healthcare Administrator

Medical Director

Records Management Supervisor

Information Security Officer

Healthcare Operations Manager

Legal Counsel

Risk Management Officer

Quality Assurance Manager

Medical Records Technician

Healthcare Compliance Officer

IT Security Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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