Custodian Of Medical Records Agreement Template for England and Wales

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Key Requirements PROMPT example:

Custodian Of Medical Records Agreement

"I need a Custodian of Medical Records Agreement for my small private medical practice in London, transferring approximately 5,000 patient records to a third-party storage provider starting from March 2025, with specific provisions for both physical and electronic records."

Document background
The Custodian of Medical Records Agreement is essential when healthcare providers need to transfer custody of patient records to a third-party custodian while ensuring regulatory compliance and patient confidentiality. This agreement becomes particularly relevant during practice closures, mergers, or outsourcing of records management. It addresses the specific requirements of English and Welsh law, including UK GDPR, NHS guidelines, and healthcare regulations, while establishing clear protocols for record maintenance, security, and access.
Suggested Sections

1. Parties: Identification of the custodian and the entity transferring custody

2. Background: Context of the custody arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including medical records, applicable laws, and custody services

4. Scope of Services: Detailed description of custodial services and responsibilities

5. Compliance Requirements: Legal and regulatory obligations for medical records maintenance under UK GDPR, Data Protection Act, and other relevant legislation

6. Security Measures: Required security protocols for protecting medical records

7. Access and Retrieval: Procedures for accessing and retrieving records

8. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Digital Records Management: Specific provisions for electronic records management, including backup procedures and electronic security measures

2. Disaster Recovery: Procedures for protecting and recovering records in emergencies or disaster situations

3. International Transfer: Provisions for cross-border data transfers and compliance with international data protection requirements

Suggested Schedules

1. Schedule 1: Record Inventory: Detailed list of records under custody including type, format, and retention periods

2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards for record custody

3. Schedule 3: Security Protocols: Detailed security requirements and procedures for maintaining record confidentiality

4. Schedule 4: Fee Schedule: Pricing and payment terms for custodial services

5. Appendix A: Access Request Forms: Standard forms and procedures for requesting record access

6. Appendix B: Compliance Checklist: Regulatory compliance requirements checklist including GDPR, Data Protection Act, and NHS standards

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
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: Primary legislation governing the processing and protection of personal data in the UK post-Brexit, particularly relevant for medical records as they contain sensitive personal data

Data Protection Act 2018: The UK's implementation of data protection legislation, which works alongside UK GDPR and provides specific provisions for processing health data

Access to Health Records Act 1990: Legislation governing access to health records of deceased patients and complementing data protection legislation for living individuals

Health and Social Care Act 2012: Framework legislation for health service administration in England, including provisions about health records management

Medical Act 1983: Fundamental legislation governing medical practice in the UK, including aspects of medical record-keeping

Public Records Act 1958: Legislation governing the management and preservation of public records, including NHS records

Mental Capacity Act 2005: Legislation protecting and empowering people who may lack capacity, including provisions about their medical records

NHS Records Management Code of Practice: Professional guidance setting standards for managing NHS records and retention periods

Records Management Code of Practice for Health and Social Care: Comprehensive guidance for managing records in health and social care organizations

Caldicott Principles: Guidelines governing how patient information should be used in health and social care settings

BMA Guidelines: Professional guidance from the British Medical Association on medical records management

GMC Guidance on Confidentiality: Professional standards from the General Medical Council regarding medical confidentiality and records

ISO 27001: International standard for information security management, relevant for protecting medical records

NHS Digital Data Security and Protection Toolkit: Framework for ensuring healthcare organizations maintain appropriate security standards

Common Law Duty of Confidentiality: Legal principle requiring healthcare providers to protect patient confidentiality

Human Rights Act 1998: Legislation protecting fundamental rights including privacy (Article 8), relevant to medical records management

Freedom of Information Act 2000: Legislation governing public access to information held by public authorities, including certain medical records

Environmental Information Regulations 2004: Regulations providing public access to environmental information, which may intersect with certain medical records

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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