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Return of medical records

The LMC continues to receive messages from practices concerned that they are not receiving the full medical records of new patients from their former practices ( for example that all hospital letters may not be present). I would refer you to the relevant contractual records as copied below. The requirement is for the complete medical record to be sent. This must be in written form, unless consent has been obtained from your commissioner to send copies of computerised records electronically, in a form from which written records can be produced. It would then be your CCG’s responsibility to ensure that the receiving practice obtains a full copy of the medical records.

Any practice which continues to encounter problems receiving full records should make the matter know to its CCG in order to ensure that appropriate action is taken, whether at the level of the previous practice or the CCG, as appropriate. Please bring any unresolved issues to the attention of the LMC.

(6) The contractor shall send the complete records relating to a patient to [the Board]
(a) where a person on its list dies, before the end of the period of 14 days beginning with the date on which it was informed by [the Board] of the death, or (in any other case) before the end of the period of one month beginning with the date on which it learned of the death; or
(b) in any other case where the person is no longer registered with the contractor, as soon as possible at the request of [the Board].

(7) To the extent that a patient's records are computerised records, the contractor complies with sub-paragraph (6) if it sends to [the Board] a copy of those records--
(a) in written form; or
(b) with the written consent of [the Board] in any other form.

(8) The consent of [the Board] to the transmission of information other than in written form for the purposes of sub-paragraph (7)(b) shall not be withheld or withdrawn provided it is satisfied, and continues to be satisfied, with the following matters--
(a) the contractor's proposals as to how the record will be transmitted;
(b) the contractor's proposals as to the format of the transmitted record;
(c) how the contractor will ensure that the record received by [the Board] is identical to that transmitted; and
(d) how a written copy of the record can be produced by [the Board].

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