Return of Medical Records. Modernizing Medicine stores various forms of information for the Medical Practice that meet the definition of a medical record in many states (the “Medical Records”). To ensure the proper transfer of the Medical Records, the following policies shall apply: (i) Prior to the termination of this Agreement, the Medical Practice may obtain a copy of the Medical Records by providing Modernizing Medicine with a written request for such records; (ii) In the event of the termination of this Agreement then the Medical Practice may obtain a copy of the Medical Records by providing Modernizing Medicine with a written request for such records within fifteen (15) days of the effective date of such termination; (iii) If the Medical Practice is a multi-Physician group and one of the Physicians in such group has terminated its relationship with such group, and the Medical Practice requests in writing that Medical Records be transferred to such Physician and provides a written list of Patients of such Physician to Modernizing Medicine (the “Applicable Patients”), then Modernizing Medicine will provide a copy of the records of the Applicable Patients (the “Applicable Patient Records”) to the Medical Practice or the departing Physician as directed in writing by the Medical Practice. The Medical Practice shall have the burden of determining whether the departing Physician is entitled to a copy of the Applicable Patient Records. Subject to the terms and conditions of this Section, Modernizing Medicine shall not be required to transfer any Applicable Patient Records to a departing Physician until the Medical Practice directs Modernizing Medicine to transfer such Applicable Patient Records and Modernizing Medicine determines that the transfer complies with applicable law. Modernizing Medicine shall not be responsible for transfers of Applicable Patient Records to persons or entities that Modernizing Medicine determines in good faith to be entitled to receive the Applicable Patient Records regardless of the accuracy of such determination; (iv) If the Medical Practice (including an authorized representative of the Medical Practice) is unavailable for any reason to give Modernizing Medicine written direction as to how to process a Medical Records transfer request, after a reasonable attempt to contact the Medical Practice, Modernizing Medicine shall be permitted to transfer the Medical Records to any third party requesting the Medical Records in writing if such third party provides ...
