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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."
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
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
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
Authorized Representative
Business Day
Confidential Information
Custody Period
Data Breach
Data Privacy Laws
Data Subject
Disaster Recovery Plan
Electronic Medical Records
Emergency Access
Force Majeure
HIPAA Standards
Medical Records
Patient Information
Personal Health Information
Physical Records
Protected Health Information
Records Management Services
Records Repository
Retention Period
Security Measures
Security Protocols
Sensitive Personal Information
Service Level Requirements
Storage Facility
Storage Location
Third Party Request
Transfer of Custody
Unauthorized Access
Data Protection
Service Level
Storage and Maintenance
Access Rights
Security Requirements
Records Management
Compliance
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Disaster Recovery
Emergency Access
Data Breach Notification
Records Retention
Records Destruction
Payment Terms
Performance Standards
Transfer of Records
Third Party Access
Business Continuity
Amendments
Notices
Healthcare
Medical Services
Data Management
Information Technology
Records Management
Healthcare Technology
Medical Administration
Data Storage
Healthcare Compliance
Medical Practice Management
Legal
Compliance
Medical Records
Information Security
Risk Management
Healthcare Operations
Quality Assurance
Data Privacy
Information Technology
Administrative Services
Records Management
Clinical Operations
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
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