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The Custodian Of Medical Records Agreement is essential for healthcare providers in the Philippines who need to ensure professional management and protection of patient medical records while maintaining compliance with strict regulatory requirements. This document becomes necessary when a healthcare provider decides to outsource the storage and management of medical records to a specialized custodian, particularly in cases of digital transformation, practice expansion, or need for enhanced security measures. The agreement must comply with the Data Privacy Act of 2012, Hospital Licensure Act, and other relevant Philippine healthcare regulations. It typically includes comprehensive provisions for record maintenance, security protocols, access procedures, and confidentiality requirements, while clearly defining the responsibilities and liabilities of both the healthcare provider and the custodian.

1. Parties: Identifies the medical facility/healthcare provider transferring the records and the custodian entity

2. Background: Explains the context and purpose of the agreement, including the need for professional records custodianship

3. Definitions: Defines key terms including Medical Records, Confidential Information, Authorized Personnel, etc.

4. Appointment and Scope: Formal appointment of the custodian and detailed scope of services

5. Custodian Responsibilities: Core obligations including maintenance, security, access control, and compliance with laws

6. Compliance with Data Privacy Laws: Specific obligations under the Data Privacy Act and related regulations

7. Security Measures: Required physical, technical, and administrative safeguards

8. Access and Release of Records: Procedures for authorized access, release, and transfer of records

9. Record Retention and Disposal: Requirements for retention periods and proper disposal methods

10. Fees and Payment: Compensation structure and payment terms

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

12. Return or Transfer of Records: Procedures for returning or transferring records upon termination

13. Liability and Indemnification: Allocation of risks and indemnification obligations

14. General Provisions: Standard clauses including notices, amendments, governing law, etc.