When a physician retires, merges with another practice, or relocates to a new area, one of the most important and legally sensitive responsibilities is ensuring the proper transfer and storage of patient medical records. Whether you’re a solo practitioner or part of a larger group, you are legally obligated to handle these records in a way that ensures both HIPAA compliance and continuity of care for your patients.
In this post, we’ll walk through the step-by-step process of transitioning medical records during a practice closure or relocation,including your responsibilities, available options, and best practices to stay compliant.
Why Medical Record Transitions Matter
Patient medical records contain highly sensitive information and form the backbone of clinical decision-making. Mishandling them during a transition can lead to:
- Legal violations under HIPAA and state laws
- Delays or disruptions in patient care
- Fines, lawsuits, or loss of license
Proper planning ensures that your patients continue receiving care without interruption and that you’re protected from liability.
✅ Step-by-Step Guide to Transitioning Medical Records
Step 1: Notify Patients in Advance
HIPAA requires that patients be given adequate notice if their provider is closing, retiring, or relocating. This notice should include:
- The effective date of the transition
- Instructions for how to request copies or transfers of their records
- Contact information for the new custodian or successor practice
🕓 Timing Tip: Best practice is to notify patients at least 30–60 days in advance via:
- Direct mail or email
- Notices in the office or practice website
- Local newspapers (where required by state law)
Step 2: Assign a Medical Records Custodian
If you’re closing a practice or retiring, you must designate a custodian to retain and manage patient records after your departure. This could be:
- A colleague or practice partner
- A third-party document storage provider
- A legal or business representative
The custodian is responsible for responding to patient requests, maintaining privacy standards, and complying with record retention laws.
Learn more about Medical Records Custodians →
Step 3: Understand Record Retention Requirements
While HIPAA requires providers to retain documentation for at least 6 years, state laws may require longer periods. For example:
- Adult medical records: 7–10 years from the last treatment
- Pediatric records: Until the child turns 18 + additional years (usually 7)
- Medicare/Medicaid records: Minimum of 10 years
Tip: Keep a copy of retention policies on file and include them in your transition plan.
Step 4: Digitize Paper Records for Easier Access
Scanning patient files into a secure digital format makes record transitions:
- Faster and more cost-effective
- More secure, with audit logs and access controls
- Easier to transfer between physicians, facilities, or custodians
Professional medical document scanning services can help you convert your files while meeting HIPAA, HITECH, and state privacy regulations.
Explore HIPAA-compliant scanning solutions →
Step 5: Securely Store or Transfer Files
Once digitized, medical records can be:
- Stored offsite in a secure, climate-controlled facility
- Transferred to a new provider or successor practice
- Released to patients upon request
If records will not be transferred to a new physician, they must be retained by the custodian and only accessed with patient authorization.
Security Requirements:
- Physical security (locks, surveillance, limited access)
- Digital encryption and access logs
- Proper destruction protocols when retention periods expire
Step 6: Document the Transition
Maintain a written transition plan that includes:
- A record of all patient notifications
- The name and contact info of the custodian
- Inventory of stored records (paper or digital)
- Chain of custody documentation (for legal protection)
This is vital for audit trails and protects you from liability after leaving the practice.
Common Scenarios
| Scenario | Recommended Action |
| Solo physician retiring | Designate custodian, notify patients, digitize records, store securely |
| Physician relocating out of state | Offer records transfer to new provider or assign custodian |
| Practice merging or closing | Transfer records to successor entity or a third-party custodian |
| Hospital-affiliated doctor leaving | Work with hospital HIM team to coordinate access continuity |
What Not to Do
- ❌ Don’t abandon paper records in a storage room or office
- ❌ Don’t dispose of files without documenting destruction
- ❌ Don’t transfer files to a non-HIPAA-compliant vendor
- ❌ Don’t forget to notify inactive patients—laws still apply
When a physician retires or relocates, ensuring a compliant and secure transition of medical records is not optional, it’s a legal and ethical responsibility. With the right strategy, you can minimize risk, maintain patient trust, and meet all state and federal obligations.
If you’re planning a practice closure or relocation, consider partnering with a professional medical records management provider, like Emerald, to guide you through the process.
Contact us today and we’ll help you get started with no obligations. →
