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Records & research · NPC advisory opinion

Imaging records during a hospital–vendor dispute

Reference
Advisory Opinion 2018-081
Date
26 November 2018

Overview

A radiography-system vendor restricted hospital access to patient records amid a payment dispute. The NPC declined to decide the parties’ contract rights, but explained that controller and processor roles depend on their actual arrangement and that patient access to medical information must remain workable, with vendor cooperation where applicable.

Practice implications

Parao Law practice guidance

For physicians

Know how to retrieve images and reports when a system or vendor relationship fails. Escalate blocked access promptly where a delay could affect care, and maintain a practical route for patients to obtain their information.

For lawyers

In imaging and EMR contracts, define controller and processor roles, access permissions, export formats, continuity, termination, and deletion. A vendor may acquire controller duties if it independently determines data use; the opinion did not adjudicate this particular contract.