A medical practice should treat patient records as out of scope and look only at operations data that contains no protected health information, or data de-identified to HIPAA’s standard with counsel’s approval. HIPAA allows two ways to de-identify: an expert determination that the risk of identifying anyone is very small, documented with methods and results, or the safe harbor method, which removes 18 listed identifiers of the patient and of relatives, employers and household members (45 CFR 164.514(b)). Mercor lists healthcare among the industries it takes data from.

Records and how they are usually treated

Records Usually Why
EHR clinical notes, charts, images, lab results Exclude Protected health information
Scheduling, billing and claims data Exclude, or de-identify under counsel Tied to patients; contains identifiers on the safe harbor list
Patient messages and call recordings Exclude Protected health information
Staff email and chat about operations Possible, after a PHI review Staff discuss patients more often than expected
Policies, protocols, training materials, SOPs Often possible Practice work product without patient data
Vendor, HR and finance records Possible Employee personal data needs de-identification

Before you apply

  1. Find PHI everywhere, not only in the EHR: shared drives, email, chat and phone systems.
  2. Ask HIPAA counsel whether any de-identified data set is in scope and which method applies.
  3. Check business associate agreements with your vendors: data held by an EHR or billing vendor is governed by those contracts.
  4. Keep what state law requires. HHS says HIPAA has no medical-record retention period and state laws generally govern it; HIPAA does require six years for the practice’s privacy and security documentation (45 CFR 164.530(j)).

Which buyers take this industry

From our routing table, which follows each buyer’s own published rules. Minimums are as each buyer states them; open the profile for the source and date.

Buyer and programIndustry ruleCompany minimumsOperating or closed
micro1: Enterprise Data PartnershipNo industry limit in the buyer’s published rules30+ full-time employees and substantial historical data; several years of records across systems is a stronger fit. No fixed minimum file count or size.Both. Operating companies apply to the Enterprise Data Partnership; companies no longer operating apply to the Defunct Company Data Partnership.
micro1: Defunct Company Data PartnershipNo industry limit in the buyer’s published rules30+ full-time employees and substantial historical data; several years of records across systems is a stronger fit. No fixed minimum file count or size.Both. Operating companies apply to the Enterprise Data Partnership; companies no longer operating apply to the Defunct Company Data Partnership.
Nyne: Company data licensingNo industry limit in the buyer’s published rules20+ full-time US W-2 employees and 3+ years in business, plus a decision maker who can approve the licenceOperating companies only
Mode: Company data partnershipNo industry limit in the buyer’s published rules10+ employees for legal; 15+ for accounting, medical and finance; 50+ for all other businesses. Several years of records you own make a stronger fit.Not stated. Mode says businesses and nonprofits can qualify.
Mercor: Enterprise dataBuyer lists this industryNot stated. Names target industries: legal, healthcare, finance and insurance, professional services, manufacturing, retail, real estate, logistics.Not stated
Troveo: Business data licensingNo industry limit in the buyer’s published rulesNot statedNot stated

Check your firm’s eligibility

Questions people ask

Can the buyer de-identify patient data for us?

Only under an arrangement your HIPAA counsel approves. Before de-identification the data is protected health information, so handing it to a buyer is a disclosure the Privacy Rule must allow. Most practices keep clinical data out of scope entirely.

How long must we keep medical records?

HIPAA itself sets no medical-record retention period; HHS says state laws generally govern it. HIPAA does require you to keep your compliance documentation for six years.

Sources

  1. HHS: Guidance on de-identification of protected health information
  2. 45 CFR § 164.514: Other requirements relating to uses and disclosures of PHI (Cornell LII)
  3. HHS FAQ: Does the Privacy Rule require covered entities to keep medical records for any period?
  4. 45 CFR § 164.530: Administrative requirements (Cornell LII)
  5. Mercor: Enterprise data