Guest guest Posted September 9, 2007 Report Share Posted September 9, 2007 Joyce - By all means, discuss the matter with an attorney. Given the magnitude of the transfer of a practice, legal counsel is a small price to pay for a big peace of mind. This matter was discussed in the OBCE Educational Manual, Chapter 3, pages 12 and 13 - see link: http://www.obce.state.or.us/OBCE/publications/Record_Keeping_Ch_Final_Jan06.pdf The seller and purchaser can come to an agreement as to who is responsible for records of previous patients as part of the transaction. Often times the purchase includes the prior medical records. It that case make sure the attorney spells out exactly what the expectations are of both parties. Make sure that seller has access to the files, in the event that some action (malpractice claim?) results where review of your record of treatment my be necessary. If the records are not part of the sale/transfer, the seller would have the obligation to maintain the records for the duration specified in the administrative rules. Tom Freedland In a message dated 9/9/2007 4:12:31 P.M. Pacific Daylight Time, freedomj@... writes: Dear Docs, Do you know what the law is about transferring charts, with the purchase of a practice? I called the OBCE and they did not want to make a statement, but said to contact an attorney. Thanks, Joyce Patten, D. C. Ashland, OR 97520 See what's new at AOL.com and Make AOL Your Homepage. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2007 Report Share Posted September 9, 2007 Good point . It is little details like this that reinforce the need to involve a professional, such as an attorney when venturing into this venue. Tom Freedland In a message dated 9/9/2007 6:46:11 P.M. Pacific Daylight Time, ang320@... writes: Also make sure that any fees are paid to transfer things like software. Many softwares used in practice are licensed to the seller. If help is needed in the future from the company it was purchased from, the buyer may not be able to get technical assistance because they do not legally own it. If said software etc is used to determine the value of the practice for sale, it is assumed the buyer will "own" it. If they do not actually own it, the seller can be held liable to refund the money or pay what ever penalties etc accrue from the buyer using unlicensed software. Anglen Re: Transfer of charts Joyce - By all means, discuss the matter with an attorney. Given the magnitude of the transfer of a practice, legal counsel is a small price to pay for a big peace of mind. This matter was discussed in the OBCE Educational Manual, Chapter 3, pages 12 and 13 - see link: http://www.obce.state.or.us/OBCE/publications/Record_Keeping_Ch_Final_Jan06.pdf The seller and purchaser can come to an agreement as to who is responsible for records of previous patients as part of the transaction. Often times the purchase includes the prior medical records. It that case make sure the attorney spells out exactly what the expectations are of both parties. Make sure that seller has access to the files, in the event that some action (malpractice claim?) results where review of your record of treatment my be necessary. If the records are not part of the sale/transfer, the seller would have the obligation to maintain the records for the duration specified in the administrative rules. Tom Freedland In a message dated 9/9/2007 4:12:31 P.M. Pacific Daylight Time, freedomjmind (DOT) net writes: Dear Docs, Do you know what the law is about transferring charts, with the purchase of a practice? I called the OBCE and they did not want to make a statement, but said to contact an attorney. Thanks, Joyce Patten, D. C. Ashland, OR 97520 See what's new at AOL.com and Make AOL Your Homepage. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 9, 2007 Report Share Posted September 9, 2007 Also make sure that any fees are paid to transfer things like software. Many softwares used in practice are licensed to the seller. If help is needed in the future from the company it was purchased from, the buyer may not be able to get technical assistance because they do not legally own it. If said software etc is used to determine the value of the practice for sale, it is assumed the buyer will "own" it. If they do not actually own it, the seller can be held liable to refund the money or pay what ever penalties etc accrue from the buyer using unlicensed software. Anglen Re: Transfer of charts Joyce - By all means, discuss the matter with an attorney. Given the magnitude of the transfer of a practice, legal counsel is a small price to pay for a big peace of mind. This matter was discussed in the OBCE Educational Manual, Chapter 3, pages 12 and 13 - see link: http://www.obce.state.or.us/OBCE/publications/Record_Keeping_Ch_Final_Jan06.pdf The seller and purchaser can come to an agreement as to who is responsible for records of previous patients as part of the transaction. Often times the purchase includes the prior medical records. It that case make sure the attorney spells out exactly what the expectations are of both parties. Make sure that seller has access to the files, in the event that some action (malpractice claim?) results where review of your record of treatment my be necessary. If the records are not part of the sale/transfer, the seller would have the obligation to maintain the records for the duration specified in the administrative rules. Tom Freedland In a message dated 9/9/2007 4:12:31 P.M. Pacific Daylight Time, freedomjmind (DOT) net writes: Dear Docs, Do you know what the law is about transferring charts, with the purchase of a practice? I called the OBCE and they did not want to make a statement, but said to contact an attorney. Thanks, Joyce Patten, D. C. Ashland, OR 97520 See what's new at AOL.com and Make AOL Your Homepage. Email and AIM finally together. You've gotta check out free AOL Mail! Quote Link to comment Share on other sites More sharing options...
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