Effective medical records retention is a crucial component of providing quality care to your patients.
Not only does a proper retention schedule help protect patient privacy and enhance data security, but it also plays a pivotal role in healthcare management.
In our guide, we will explore medical records retention requirements, the role of the Health Insurance Portability and Accountability Act (HIPAA) in record retention, and industry best practices for managing medical records efficiently and securely.
Implementing these strategies can help ensure compliance with relevant laws, safeguard sensitive patient information, and promote efficiency in the handling of health records.
Medical records retention is the process of maintaining and storing patient health information (PHI) for a specific period of time as required by law. This includes electronic and paper-based records that contain private medical information, including diagnoses, treatments, clinical notes, lab results, and medical history.
Proper medical records retention is an important aspect of patient care that contributes to the overall effectiveness of the healthcare system.
It is recommended that healthcare organizations properly maintain their records to ensure successful long-term patient treatment, as well as to address any potential medical malpractice suits, licensing board complaints, and medical billing audits.
Medical record retention and proper destruction are essential for healthcare organizations for several reasons:
HIPAA does not specify a particular time frame for medical record retention, primarily because such retention periods can vary significantly from state to state, the type of healthcare provider, and the kind of records in question.
Instead, HIPAA defers to state medical records retention laws regarding the length of time medical records should be retained.
In addition to HIPAA, healthcare organizations must comply with state-specific medical records retention laws. These laws may vary in terms of retention periods and requirements, so it is crucial to understand the regulations in your jurisdiction. For instance, some states mandate a longer retention period for specific types of records, such as those involving minors or substance abuse treatment.
State | Law, Code, Or Regulation | Medical Doctors | Hospitals |
---|---|---|---|
Alabama | ALA. ADMIN. CODE r. 420-5-7-.13 | As long as may be necessary to treat the patient and for medical legal purposes. | 5 years |
Alaska | ALASKA STAT. § 18.20.085 | 6 years as stipulated by HIPAA | Adult patients: : 7 Years after patient discharge Minor patients: (Under 19): 7 Years after discharge or when the patient reaches the age of 21, whichever is longer. |
Arizona | ARIZ. REV. STAT. ANN. § 12-2297 | Adult patients: 6 years after the last date of services. Minor patients: 6 years after the last date of services, or until patient reaches the age of 21. | Adult patients: 6 years after the last date of services. Minor patients: 6 years after the last date of services, or until patient reaches the age of 21 whichever is longer. |
Arkansas | ARK. CODE R. § 007.05.17 | 6 years as stipulated by HIPAA. | Adult patients: 10 years after the last discharge, but master patient index data must be kept permanently. Minor patients: Complete medical records must be retained 2 years after the age of majority (i.e., until patient turns 20). |
California | 22 CA ADC §70751 | 6 years as stipulated by HIPAA. | Adult patients: 7 years after discharge. Minor patients: 7 years after discharge or 1 year after the patient reaches the age of 18 |
Colorado | 6 COLO. CODE REGS. § 1011-1: IV-8.102 | 6 years as stipulated by HIPAA. | Adult patients: 10 years after the most recent patient care usage. Minor patients: 10 years after the patient reaches the age of majority (i.e., until patient turns 28). |
Connecticut | CONN. AGENCIES REGS § 19-13-D3 | 7 years from the last date of treatment, or, upon the death of the patient, for 3 years. | 10 years after the patient has been discharged. |
Delaware | DEL. CODE ANN. tit. 24 § 1761 | 7 years from the last entry date on the patient’s record. | 6 years as stipulated by HIPAA. |
Disctrict of Columbia | § 3–1210.11. | Adult patients: : 3 years after last seeing the patient. Minor patients: 3 years after last seeing the patient or 3 years after patient reaches the age of 18 | 10 years following the date of discharge |
Florida | FLA. ADMIN. CODE ANN. r. 64B8-10.002 | 5 years from the last patient contact. | Public hospitals: 7 years after the last entry. |
Georgia | GA. COMP. R. & REGS. § 111- 8-40-.18 | 10 years from the date the record item was created. | Adult patients: 5 years after the date of discharge. Minor patients: 5 years past the age of majority (i.e., until patient turns 23). |
Hawaii | HAW. REV. STAT. § 622-58 | Adult patients: Full medical records: 7 years after last data entry. Basic information: 25 years after the last record entry. Minor patients: Full medical records: 7 years after the patient reaches the age of majority (i.e., until patient turns 25). Basic information: 25 years after the minor reaches the age of majority. | Adult patients: Full medical records: 7 years after last data entry. Basic information: 25 years after the last record entry. Minor patients: Full medical records: 7 years after the minor reaches the age of majority (i.e., until patient turns 25). Basic information: 25 years after the minor reaches the age of majority (i.e., until patient turns 43). |
Idaho | IDAHO CODE ANN. § 39- 1394 | 6 years as stipulated by HIPAA. | Clinical laboratory test records and reports: 5 years after the date of the test. |
Illinois | 210 ILL. COMP. STAT. § 85/6.17 | 6 years as stipulated by HIPAA | 10 years. |
Indiana | IND. CODE § 16-39-7-1 | 7 Years. | 7 Years. |
Iowa | IOWA ADMIN. CODE R. 653-13.7(8) | Adult patients: 7 years from the last date of service. Minor patients: 1 year after the minor attains the age of majority (i.e., until patient turns 19). | 6 years as stipulated by basic HIPAA regulations. |
Kansas | KAN. ADMIN. REGS. § 28- 34-9a | 10 years from when professional service was provided. | Adult patients: Full records: 10 years after the last discharge of the patient. Minor patients: Full records: 10 years or 1 year beyond the date that the patient reaches the age of majority. |
Kentucky | 902 KY. ADMIN. REGS. 20:275 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 5 years from date of discharge. Minor patients: 5 years from date of discharge or 3 years after the patient reaches the age of majority. |
Louisiana | LA. REV. STAT. ANN.§ 40:1165.1 | 6 years from the date a patient is last treated. | 10 years from the date a patient is discharged. |
Maine | 22 MRS §1711 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 7 years. Minor patients: 6 years past the age of majority. Patient logs and written x-ray reports— permanently. |
Maryland | MD. CODE REGS. §10.01.16.04 | Adult patients: 5 years after the record or report was made. Minor patients: 5 years after the report or record was made or until the patient reaches the age of majority plus 3 years. | Adult patients: 5 years after the record or report was made. Minor patients: 5 years after the report or record was made or until the patient reaches the age of majority plus 3 years. |
Massachusetts | 243 MASS. CODE REGS. § 2.07 | Adult patients: 7 years from the date of the last patient encounter. Minor patients: 7 years from date of last patient encounter or until the patient reaches the age of 9. | 30 years after the discharge or the final treatment of the patient. |
Michigan | MICH. COMP. LAWS § 333.16213 | 7 years from the from the date of the patient’s discharge or last treatment. | 7 years from the from the date of the patient’s discharge or last treatment. |
Minnesota | MINN. STAT. § 145.32 | 6 years as stipulated by HIPAA | Most medical records: Permanently (in microfilm). Miscellaneous documents: Adult patients: 7 years. Minor patients: 7 years following the age of majority. |
Mississippi | MISS. CODE ANN. § 41-9- 69 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: Discharged in sound mind: 10 years. Discharged at death: 7 years.(2) Minor patients: For the period of minority plus 7 years.(3) |
Missouri | MO. REV. STAT. § 334.097 | 7 years from the date the last professional service was provided. | Adult patients: 10 years. Minor patients: 10 years or until patient’s 23rd birthday, whichever occurs later. |
Montana | MONT. CODE ANN. § 50-16-513 and MONT. CODE ANN. § 50-16-513 | 6 years as stipulated by HIPAA. | Adult patients: Entire medical record—10 years following the date of a patient’s discharge or death. Minor patients: Entire medical record—10 years following the date the patient either attains the age of majority (i.e., until patient is 28) or dies, whichever is earlier. Core medical record must be maintained at least an additional 10 years beyond the periods provided above. |
Nebraska | 175 NEB. ADMIN CODE §9-006 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 10 years following a patient’s discharge. Minor patients: (under 19) 10 years or until 3 years after the patient reaches age of majority (i.e., until patient turns 22), whichever is longer. |
Nevada | NEV. REV. STAT. § 629.051 | 5 years after receipt or production of health care record. | 5 years after receipt or production of health care record. |
New Hampshire | N.H. CODE ADMIN. R. ANN. He-P 802.20 | 7 years from the date of the patient’s last contact with the physician, unless the patient has requested that the records be transferred to another health care provider. | Adult patients: 7 years after a patient’s discharge. Minor patients: 7 years or until the minor reaches age 19, whichever is longer. |
New Jersey | N.J. STAT. ANN. § 26:8-5 | 7 years from the date of the most recent entry. | Adult patients: 10 years following the most recent discharge. Minor patients: 10 years following the most recent discharge or until the patient is 23 years of age, whichever is longer. Discharge summary sheets (all) 20 years after discharge. |
New Mexico | N.M. CODE R. § 16.10.17.10 | Adult patients: 2 years beyond what is required by state insurance laws and by Medicare and Medicaid requirements. Minor patients: 2 years beyond the date the patient is 18 (i.e., until the patient turns 20). | Adult patients: 10 years following the last treatment date of the patient. Minor patients: Age of majority plus 1 year (i.e., until the patient turns 19). |
New York | N.Y. COMP. CODES R. & REGS. § 405.10 | Adult patients: 6 years. Minor patients: 6 years and until 1 year after the minor reaches the age of 18 (i.e., until the patient turns 19). N.Y. Education § 6530 (2008) (providing retention requirements in the definitions for professional misconduct of physicians). | Adult patients: 6 years from the date of discharge. Minor patients: 6 years from the date of discharge or 3 years after the patient reaches 18 years (i.e., until patient turns 21), whichever is longer. Deceased patients At least 6 years after death. |
North Carolina | 10A N.C. ADMIN. CODE §13B.3903 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 11 years following discharge. Minor patients: Until the patient’s 30th birthday. |
North Dakota | N.D. ADMIN. CODE § 33-07-01.1-20 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 10 years after the last treatment date. Minor patients: 10 years after the last treatment date or until the patient’s 21st birthday, whichever is later. |
Ohio | None | 6 years as stipulated by HIPAA | 6 years as stipulated by HIPAA |
Oklahoma | OKLA. ADMIN. CODE §310:667-19-14 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 5 years beyond the date the patient was last seen. Minor patients: 3 years past the age of majority (i.e., until the patient turns 21). Deceased patients 3 years beyond the date of death. |
Oregon | OAR 333-505-0050 | 6 years as stipulated by basic HIPAA regulations. | 10 years after the date of last discharge. Master patient index—permanently. |
Pennsylvania | 28 PA. CODE § 115.23 | Adult patients: At least 7 years following the date of the last medical service. Minor patients: 7 years following the date of the last medical service or 1 year after the patient reaches age 21 (i.e., until patient turns 22), whichever is the longer period. | Adult patients: 7 years following discharge. Minor patients: 7 years after the patient attains majority(5) or as long as adult records would be maintained. |
Puerto Rico | None | 6 years as stipulated by HIPAA. | 6 years as stipulated by basic HIPAA. |
Rhode Island | 230-RICR-20-60-4 | 5 years unless otherwise required by law or regulation. | Adult patients: 5 years following discharge of the patient. Minor patients: 5 years after patient reaches the age of 18 years (i.e., until patient turns 23). |
South Carolina | S.C. CODE ANN. § 44-115-120 | Adult patients: 10 years from the date of last treatment. Minor patients: 13 years from the date of last treatment. | Adult patients: 10 years. Minor patients: Until the minor reaches age 18 and the "e;period of election"e; expires, which is usually 1 year after the minor reaches the age of majority (i.e., usually until patient turns 19). |
South Dakota | S.D. Codified Laws § 36-4-38 | When records have become inactive or for which the whereabouts of the patient are unknown to the physician. | Adult patients: 10 years from the actual visit date of service or resident care. Minor patients: 10 years from the actual visit date of service or resident care or until the minor reaches age of majority plus 2 years (i.e., until patient turns 20), whichever is later. |
Tennessee | Tenn. Comp. R. & Regs. 0880-02-.15 | Adult patients: 10 years from the provider’s last professional contact with the patient. Minor patients: 10 years from the provider’s last professional contact with the patient or 1 year after the minor reaches the age of majority (i.e., until patient turns 19), whichever is later. | Adult patients: 10 years following the discharge of the patient or the patient’s death during the patient’s period of treatment within the hospital. Minor patients: 10 years following discharge or for the period of minority plus at least one year (i.e., until patient turns 19), whichever is later. |
Texas | 22 TEX. ADMIN. CODE § 165.1 | Adult patients: 7 years from the date of the last treatment. Minor patients: 7 years after the date of the last treatment or until the patient reaches age 21, whichever date is later. | Adult patients: 10 years after the patient was last treated in the hospital. Minor patients: 10 years after the patient was last treated in the hospital or until the patient reaches age 20, whichever date is later. |
Utah | UTAH ADMIN. CODE §432-100-33 | 6 years as stipulated by HIPAA. | Adult patients: 7 years. Minor patients: 7 years or until the minor reaches the age of 18 plus 4 years (i.e., patient turns 22), whichever is longer. |
Vermont | 12-5-14 VT. CODE R. §946 | 6 years as stipulated by HIPAA. | 10 years. |
Virginia | 18 VA. ADMIN. CODE § 85-20-26 & 12 VA. ADMIN. CODE § 5-410-370 | Adult patients: 6 years after the last patient contact. Minor patients: 6 years after the last patient contact or until the patient reaches age 18 (or becomes emancipated), whichever time period is longer. | Adult patients: 5 years following patient’s discharge. Minor patients: 5 years after patient has reached the age of 18 (i.e., until the patient reaches age 23). |
Washington | WASH. REV. CODE § 70.41.190 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 10 years following the patient’s most recent hospital discharge. Minor patients: 10 years following the patient’s most recent hospital discharge or 3 years after the patient reaches the age of 18 (i.e., until the patient turns 21) whichever is longer. |
West Virginia | H. B. 4396 | 6 years as stipulated by HIPAA. | 6 years as stipulated by HIPAA. |
Wisconsin | WIS. ADMIN. CODE DHS Med 21.03 | 5 years from the date of the last entry in the record. | 5 years. |
Wyoming | WYO. STAT. ANN. § 35-2-606 | 6 years as stipulated by HIPAA. | 6 years as stipulated by HIPAA. |
Important: The information contained within this page is provided as a reference with the understanding that this page and all authors of content, are not rendering legal information or advice. The information provided about state medical record retention laws is accurate to the date of publication and subject to change frequently. For more information on any law, consult your states official website.
A well-crafted medical records retention policy is essential for healthcare organizations. This policy should outline the retention periods, storage methods, and destruction procedures for various types of records, taking into account federal and state regulations.
To ensure HIPAA compliance and protect patient data, healthcare providers must implement robust security measures for both electronic and paper-based records. These may include:
Conduct regular audits and monitoring to identify potential issues or areas for improvement in your medical records retention processes. This includes reviewing your organization’s adherence to retention periods, evaluating storage conditions, and ensuring the secure disposal of expired records.
Training staff on HIPAA compliance and medical records retention is essential for maintaining a secure and compliant healthcare environment. Regular training sessions can help employees understand their responsibilities and the importance of adhering to policies and procedures.
Proper disposal of expired medical records is crucial to prevent unauthorized access and maintain patient privacy. Develop a secure and compliant document destruction process that includes:
An effective medical record retention policy should include the following components:
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A record retention schedule serves as a roadmap for determining how long records should be retained and when they should be destroyed. Follow these steps to create and implement an effective record retention schedule:
To ensure the secure and compliant destruction of records, healthcare organizations should adhere to the following best practices:
The adoption of Electronic Health Records (EHR) systems has significantly impacted medical records retention over the last decade. EHRs offer numerous benefits in terms of efficiency, accessibility, and security over paper records systems, making them an invaluable tool for healthcare organizations.
When choosing an EHR system, consider factors such as:
The process of migrating from traditional paper-based medical records to an Electronic Health Records (EHR) system can be a complex yet rewarding endeavor for medical practices.
To ensure a smooth transition, organizations should start by creating a detailed migration plan that outlines the necessary steps and timelines. Begin by assembling a dedicated team comprising representatives from various departments, including IT, administration, and clinical staff, to oversee and manage the migration process. Next, evaluate and select an EHR system that meets your organization’s specific requirements, as discussed in the previous section.
Once the system is chosen, initiate staff training on the new EHR to promote user adoption and minimize disruption to daily operations.
The actual migration process involves transferring existing patient records to the new system, which can be done through manual data entry, a medical records scanning service, or leveraging data conversion tools. Ensuring data accuracy and integrity during this step is crucial, so be prepared to allocate sufficient time and resources for thorough data validation.
After the migration is complete, establish a period of parallel operation where both paper and electronic records are maintained, allowing your team to verify the accuracy and completeness of the transferred data before fully transitioning to the EHR system. By following these guidelines and adopting a well-structured approach, medical practices can successfully migrate to an EHR system, reaping the benefits of improved efficiency, enhanced patient care, and streamlined medical records retention.
Effective record retention and destruction practices are crucial for healthcare organizations to ensure legal compliance, safeguard patient information, and maintain operational efficiency. By implementing a comprehensive record retention policy and schedule, as well as adhering to best practices in secure record destruction, healthcare organizations can reduce risks, protect sensitive data, and fulfill their obligations to patients and regulatory authorities.
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