Module 3 Record Retention & Destruction Assg (Ch 8)
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Texas Tech University *
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4225
Subject
Medicine
Date
Apr 3, 2024
Type
docx
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Uploaded by AgentResolve11703
Was ABC Hospital within their legal rights to destroy Mr. McBride’s records.
Yes, ABC Hospital was in their legal rights to destroy McBride’s medical records. Under Texas law, according to Andrew Szmuc, “A hospital may authorize the disposal of any medical record on or after the 10th anniversary of the date on which the patient who is the subject of the record was last treated in the hospital.” (Szmuc, 2022). As he was only seen one time in 1964.
In what year was it legally possible for ABC Hospital in Austin, TX to destroy the records?
ABC Hospital would legally have been able to destroy McBride’s medical record in 1974.
If ABC Hospital were located in Boston, MA rather than Texas in what year could the records have been destroyed?
Under Massachusetts law, according to Health Information & the Law, “Health clinics must maintain patient medical records for 20 years after final discharge or treatment of the patient.” McBride’s medical record would be eligible for destruction in 1984.
What method of paper medical records destruction is acceptable in Texas?
According to the Texas Administrative Code, under the bill it states, “Destruction of medical records shall be done in a manner that ensures continued confidentiality.” (Texas Administrative Code, n.d.). The law doesn’t define a specific way to destroy records, just that when they are destroyed, they still remain confidential. But records can be shredded or burned.
Where might information still exist for Mr. McBride?
According to the Texas Medical Association, “Whether you shred the
records yourself in your office or hire a record destruction company,
create a permanent record destruction log, individually listing all medical records…” (Texas Medical Association, n.d.) It’s possible there is a record that exists that shows McBride’s record was destroyed.
References
Health Information & the Law (n.d.). Medical Records Collection, Retention, and Access in Massachusetts. http://www.healthinfolaw.org/state-topics/22%2C60#:~:text=Hospit
als%20or%20clinics%20must%20retain,and%20clinics%20are
%20the...&text=If%20a%20patient%20submits%20a,10%20days
%20of%20the
...
Texas Administrative Code (n.d.). Title 22. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?
sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti
=22&pt=9&ch=165&rl=1
Texas Medical Association (n.d.).
Destroy Medical Records Securely
.
https://www.texmed.org/template.aspx?id=6908
Szmuc, A. (2022, May 6).
Texas Medical Record Retention Laws & Finding a Medical Records Custodian in Texas
. https://desertriversolutions.com/medical-records-custodian-in-texas/
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