2022 Medical Records Retention Laws By State - Recording Law (2023)

Updated February 2022

  1. How Long do Hospitals Keep Medical Records
  2. Release of Medical Records Laws
  3. How Long Each State Requires to Keep Medical Records
  4. Federal Medical Record Destruction Policy
  5. Medical Record Destruction Policy
  6. Acceptable Destruction Methods of Medical Records
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How Long do Hospitals Keep Medical Records

HIPAA is a federal law that requires your medical records to be retained for 6 years at a federal level. However, most states also have their own medical retention laws, which can be more stringent than HIPAA stipulates.

Look at the table below to see state-by-state medical retention record laws and regulations.

Release of Medical Records Laws

HIPAA privacy regulations allow patients the right to collect and view their health information, including medical and bill records, on-demand. A request for information must be granted within 30 days of the request. If there are extenuating circumstances, the covered entity must provide a reason within that 30-day time frame, and the records must still be provided within 60 days.

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How Long Each State Requires to Keep Medical Records

The statute of limitations for keeping medical records varies by state. Use this chart to see how long a medical provider is required to keep records until they are allowed to be destroyed. Additionally there are also Federal Guidelines that must be followed for specific instances such as Competitive Medical Plans, Department of Veteran Affairs, Device Tracking. This chart is available below the state chart.

Medical Records Retention Laws by State

StateMedical DoctorsHospitals
AlabamaAs long as may be necessary to
treat the patient and for medical
legal purposes.
Ala. Admin. Code r. 545-X-4-.08
(2007).
5 years.
Ala. Admin. Code § 420-5-7.10 (adopting
42 C.F.R. § 482.24).
Alaska6 years as stipulated by basic HIPAA regulations.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.
Alaska Stat. § 18.20.085(a) (2008).
ArizonaAdult patients
6 years after the last date of
services from the provider.
Minor patients
6 years after the last date of
services from the provider, or until
patient reaches the age of 21
whichever is longer.
Ariz. Rev. Stat. § 12-2297 (2008).
Adult patients
6 years after the last date of services from
the provider.
Minor patients
6 years after the last date of services from
the provider, or until patient reaches the
age of 21 whichever is longer.
Ariz. Rev. Stat. § 12-2297 (2008).
Arkansas6 years as stipulated by basic HIPAA regulations.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).
016 24 Code Ark. Rules and Regs. 007 §
14(19) (2008).
California6 years as stipulated by basic HIPAA regulations.Adult patients
7 years following discharge of the patient.
Minor patients
7 years following discharge or 1 year after
the patient reaches the age of 18 (i.e.,
until patient turns 19) whichever is longer.
Cal. Code Regs. tit. 22, § 70751(c) (2008).
Colorado6 years as stipulated by basic HIPAA regulations.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).
6 Colo. Code Regs. § 1011-1, chap. IV,
8.102 (2008).
Connecticut7 years from the last date of
treatment, or, upon the death of
the patient, for 3 years.
Conn. Agencies Regs. § 19a-14-42
(2008).
10 years after the patient has been
discharged.
Conn. Agencies Regs. §§ 19-13-D3(d)(6)
(2008).
Delaware7 years from the last entry date on
the patient’s record.
Del. Code Ann. tit. 24, §§ 1761 and
1702 (2008).
6 years as stipulated by basic HIPAA regulations.
Disctrict of ColumbiaAdult 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 (i.e., until patient turns
21).
D.C. Mun. Regs. tit. 17, § 4612.1
(2008).
10 years following the date of discharge of the patient.
D.C. Mun. Regs. tit. 22, § 2216 (2008).
Florida5 years from the last patient
contact.
Fla. Admin. Code Ann. 64B8-
10.002(3) (2008).
Public hospitals: 7 years after the last
entry.
Florida Department of State, General
Records Schedule GS4 for Public Hospitals,
Health Care Facilities and Medical
Providers, (2007),
http://dlis.dos.state.fl.us/barm/genschedul
es/GS04.pdf (accessed September 12,
2008).
Georgia10 years from the date the record
item was created.
See Ga. Code Ann. § 31-33-
2(a)(1)(A) and (B)(i) (2008).
Adult patients
5 years after the date of discharge.
Minor patients
5 years past the age of majority (i.e., until
patient turns 23).
See Ga. Code Ann. §§ 31-33-2(a)(1)(B)(ii)
(2008); 31-7-2 (2008) (granting the
department regulatory authority over
hospitals) and Ga. Comp. R. & Regs. 290-
9-7-.18 (2008).
HawaiiAdult patients
Full medical records: 7 years after
last data entry.
Basic information (i.e., patient’s
name, birth date, diagnoses, drugs
prescribed, x-ray interpretations):
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
(i.e., until patient turns 43).
Haw. Rev. Stat. § 622-58 (2008).
Adult patients
Full medical records: 7 years after last data
entry.
Basic information (i.e., patient’s name,
birth date, diagnoses, drugs prescribed, xray interpretations): 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).
Haw. Rev. Stat. § 622-58 (2008).
Idaho6 years as stipulated by basic HIPAA regulations.Clinical laboratory test records and reports:
5 years after the date of the test.
Idaho Code Ann. § 39-1394 (2008).
Illinois6 years as stipulated by basic HIPAA regulations.10 years.
See 210 Ill. Comp. Stat. 85/6.17(c)
(2008).
Indiana7 Years.
Burns Ind. Code Ann. § 16-39-7-1
(2008).
7 Years.
Burns Ind. Code Ann. § 16-39-7-1
(2008).
IowaAdult 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).
See Iowa Admin. Code r. 653-
13.7(8) (2008); Iowa Code § 614.8
(2008).
6 years as stipulated by basic HIPAA regulations.
Kansas10 years from when professional
service was provided.
Kan. Admin. Regs. § 100-24-2 (a)
(2008).
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 (i.e., until patient turns 19)
whichever is longer.
Summary of destroyed records for both
adults and minors—25 years.
Kan. Admin. Regs. § 28-34-9a (d)(1)
(2008).
Kentucky6 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 (i.e., until patient turns 21)
whichever is longer.
902 Ky. Admin. Regs. 20:016 (2007).
Louisiana6 years from the date a patient is
last treated.
La. Rev. Stat. Ann. §
40:1299.96(A)(3)(a) (2008).
10 years from the date a patient is
discharged.
La. Rev. Stat. Ann. § 40:2144(F)(1)
(2008).

(Continued) Medical Records Retention Laws by State

StateMedical DoctorsHospitals
Maine6 years as stipulated by basic HIPAA regulations.Adult patients
7 years.
Minor patients
6 years past the age of majority (i.e., until
patient turns 24).
See 10-144 Me. Code R. Ch. 112, § XII.B.1
(2008).
Patient logs and written x-ray reports—
permanently.
10-144 Me. Code R. Ch. 112, § XV.C.5
(2008).
MarylandAdult 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 (i.e., until patient turns 21),
whichever date is later.
MD. Code Ann., Health–Gen.
§§ 4-403(a)–(c) (2008).
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 (i.e., until patient
turns 21), whichever date is later.
MD. Code Ann., Health–Gen.
§§ 4-403(a)–(c) (2008).
MassachusettsAdult 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, whichever is
longer.
243 Mass. Code Regs. 2.07(13)(a)
(2008).
30 years after the discharge or the final
treatment of the patient.
Mass. Gen. Laws ch. 111, § 70 (2008).
Michigan7 years from the date of service.
Mich. Comp. Laws § 333.16213
(2008).
7 years from the date of service
Mich. Comp. Laws § 333.20175 (2008).
Minnesota6 years as stipulated by basic HIPAA regulations.Most medical records: Permanently (in
microfilm).
Miscellaneous documents:
Adult patients
7 years.
Minor patients
7 years following the age of majority (i.e.,
until the patient turns 25).
Minn. Stat. § 145.32 (2007) and Minn. R.
4642.1000 (2007).
Mississippi6 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)
Miss. Code Ann. § 41-9-69(1) (2008).
Missouri7 years from the date the last
professional service was provided.
Mo. Rev. Stat. § 334.097(2)
(2008).
Adult patients
10 years.
Minor patients
10 years or until patient’s 23rd birthday,
whichever occurs later.
Mo. Code Reg. tit. 19, § 30-094(15)
(2008).
Montana6 years as stipulated by basic HIPAA regulations.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.
Mont. Admin. R. 37.106.402(1) and (4)
(2007).
Nebraska6 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.
Neb. Admin. Code 175 § 9-006.07A5
(2008).
Nevada5 years after receipt or production
of health care record.
Nev. Rev. Stat. § 629.051 (2007).
5 years after receipt or production of
health care record.
Nev. Rev. Stat. § 629.051 (2007).
New Hampshire7 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.
N.H. Code Admin. R. Ann. Med
501.02(f)(8) (2008).
Adult patients
7 years after a patient’s discharge.
Minor patients
7 years or until the minor reaches age 19,
whichever is longer.
N.H. Code Admin. R. Ann. He-P 802.06(h)
(1994).(4)
New Jersey7 years from the date of the most
recent entry.
N.J. Admin. Code § 13:35-6.5(b)
(2008).
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.
N.J. Stat. Ann. § 26:8-5 (2008).
New MexicoAdult 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).
N.M. Code R. § 16.10.17.10 (C)
(2008).
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).
N.M. Stat. Ann. § 14-6-2 (2008); N.M.
Code R. § 7.7.2.30 (2008).
New YorkAdult 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.
N.Y. Comp. Codes R. & Regs. tit. 10, §
405.10(a)(4) (2008).
North Carolina6 years as stipulated by basic HIPAA regulations.Adult patients
11 years following discharge.
Minor patients
Until the patient’s 30th birthday.
10 A N.C. Admin. Code 13B.3903(a), (b)
(2008).
North Dakota6 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.
N.D. Admin. Code 33-07-01.1-20(1)(b)
(2007).
Ohio6 years as stipulated by basic HIPAA regulations.6 years as stipulated by basic HIPAA regulations.
Oklahoma6 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.
Okla. Admin. Code § 310:667-19-14
(2008).
Oregon6 years as stipulated by basic HIPAA regulations.10 years after the date of last discharge.
Master patient index—permanently.
Or. Admin. R. 333-505-0050(9) and (15)
(2008).
PennsylvaniaAdult 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.
49 Pa. Code § 16.95(e) (2008).
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.
28 Pa. Code § 115.23 (2008).

(Continued) Medical Records Retention Laws by State

StateMedical DoctorsHospitals
Puerto Rico6 years as stipulated by basic HIPAA regulations.6 years as stipulated by basic HIPAA regulations.
Rhode Island5 years unless otherwise required
by law or regulation.
R.I. Code R.14-140-031, § 11.3
(2008).
Adult patients
5 years following discharge of the patient.
R.I. Code R. 14 090 007 § 27.10 (2008).
Minor patients
5 years after patient reaches the age of 18
years (i.e., until patient turns 23).
R.I. Code R. 14 090 007 § 27.10.1 (2008).
South CarolinaAdult patients
10 years from the date of last
treatment.
Minor patients
13 years from the date of last
treatment.
S.C. Code Ann. § 44-115-120
(2007).
Adult patients
10 years.
Minor patients
Until the minor reaches age 18 and the
“period of election” expires, which is
usually 1 year after the minor reaches the
age of majority (i.e., usually until patient
turns 19).
S.C. Code Ann. Regs. 61-16 § 601.7(A)
(2007). See S.C. Code Ann. § 15-3-545
(2007).(7)
South DakotaWhen records have become inactive
or for which the whereabouts of the
patient are unknown to the
physician.
S.D. Codified Laws § 36-4-38
(2008).
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.
See S.D. Admin. R. 44:04:09:08 (2008).
TennesseeAdult 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
longer.
Tenn. Comp. R. & Regs. 0880-2-.15
(2008).
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.
Tenn. Code Ann. § 68-11-305(a)(1)
(2008).
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
longer.
Tenn. Code Ann. § 68-11-305(a)(2)
(2008).
TexasAdult 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.
22 Tex. Admin. Code § 165.1(b)
(2008).(8)
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.
Tex. Health & Safety Code Ann. § 241.103
(2007); 25 Tex. Admin. Code §
133.41(j)(8) (2008).(8)
Utah6 years as stipulated by basic HIPAA regulations.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.
Utah Admin. Code r. 432-100-33(4)(c)
(2008).
Vermont6 years as stipulated by basic HIPAA regulations.10 years.
Vt. Stat. Ann. tit. 18, § 1905(8) (2007).
VirginiaAdult 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.
18 Va. Admin. Code § 85-20-26(D)
(2008).
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).
12 Va. Admin. Code § 5-410-370 (2008).
Washington6 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.
Wash. Rev. Code § 70.41.190 (2008).
West Virginia6 years as stipulated by basic HIPAA regulations.6 years as stipulated by basic HIPAA regulations.
Wisconsin5 years from the date of the last
entry in the record.
Wis. Admin. Code Med. § 21.03
(2008).
5 years.
Wis. Admin. Code Health & Family Services
§§ 124.14(2)(c), 124.18(1)(e) (2008).
Wyoming6 years as stipulated by basic HIPAA regulations.6 years as stipulated by basic HIPAA regulations.

Federal Medical Record Destruction Policy

Type of DocumentationRetention PeriodCitation/Reference
Abortions & related medical proceduresMust be maintained for three years.42 Code of Federal Regulations 50.309
Ambulatory/Outpatient/Day Surgery servicesNot specified, would revert to the state statute, or the specific statute of limitations as outlined in the chart above.42 Code of Federal Regulations 416.47
Clinics/Rehabilitation Agencies/Public Health - Speech-Language Pathology ServicesThe state statute, or statute of limitations pertaining to medical records outlined in the chart above takes precedence. In the absence of direction from a state statute, federal regulations dictate that records should be helf for 5 years after the date of discharge. If the records belong to a minor then they need to be held for 3 years after the patient becomes of age OR 5 years after the date of patient discharge, whichever is longer.42 Code of Federal Regulations 485.721 (d)
Clinics/Rehabilitation Agencies/Public Health - Outpatient Physical TherapyThe state statute, or statute of limitations pertaining to medical records outlined in the chart above takes precedence. In the absence of direction from a state statute, federal regulations dictate that records should be helf for 5 years after the date of discharge. If the records belong to a minor then they need to be held for 3 years after the patient becomes of age OR 5 years after the date of patient discharge, whichever is longer.42 Code of Federal Regulations 485.721 (d)
Clinics - Rural HealthThe state statutes outlined above take precedent. At a minimum, records are required to be kept for six years from the date of last entry.42 Code of Federal Regulations 491.10 (c)
Competitve Medical Plans/Healthcare Plans/Healthcare Prepayment Plans
Comprehensive outpatient rehabilitation facilities. Outpatient Rehabilitation Care. (CORFs)Five years after patient has been discharged.42 Code of Federal Regulations 485.60 (c)
Critical Access hospitals - Designated Eligible Rural Hospitals (CAHs)Six years from patient discharge or date of last entry. Longer if required by a state statute outlined above OR if it is required in an ongoing proceeding/investigation.42 Code of Federal Regulations 485.628 (c)
Department of Veterans Affairs
Diagnostic and operation index fileThere is a monthly listing that is destroyed after it is consolidated into a biannual listing. The biannual listing is destroyed 20 years after the date of report.Records Control Schedule (RCS) 10-1, NC-15-76-10-,
item 2
Disposition data files (Patient Treatment Files)To be destroyed after one year and only after the patient treatment master record has been created.Records Control Schedule (RCS) 10-1, NN-166-127,
item 4a
Gains and losses fileDestroy master set after one year.Records Control Schedule (RCS) 10-1 Item 1100.38
Health Records Folder File or Consolidated Health Record (CHR)Must be retained in the VA health care facility for 3 years after the last instance of care. Then converted to an Inactive Medical Record.Records Control Schedule (RCS) 10-1, Item Number 6000.1, N1-15-91-6,
item 1a
Patient locator fileMust be retained in the medical facility for 75 years after the last instance of care.Records Control Schedule (RCS) 10-1 - Item Number 1100.25
Register fileDestroyed after audit by VCS auditors (1 year must pass).Records Control Schedule (RCS) 10-1, Item Number 5550.12
Tumor registry records and index cardsMust be retained at Veteran Affairs facility. Destroy 75 years after last update.Records Control Schedule (RCS) 10-1, Item # 6675.1

Medical Record Destruction Policy

The destruction of health information must be carried out following the federal and state laws outlined in the chart above. Additionally, records utilized in any active investigation or litigation must not be destroyed until the case has been closed.

There is no set-in-stone requirements on how organizations destroy medical records. However, some states are required to notify patients how and when their records are being destroyed. The one caveat is that in the absence of superseding state law, records must be destroyed in a manner that allows for no chance of reconstruction of information.

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Acceptable Destruction Methods of Medical Records

Magnetic Tapes are Usually Destroyed by:

  • Demagnetizing

Paper Medical Records are Usually Destroyed by:

  • Burning
  • Pulping
  • Shredding
  • Pulverizing

Microfilm Medical Records are Usually Destroyed by:

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  • Recycling
  • Pulverizing
  • Burning

Computer Medical Records are Usually Destroyed by:

  • Magnetic Degaussing

DVD Medical Records are Usually Destroyed by:

  • Shredding
  • Cutting

Other Vital Records Laws

  • Pennsylvania Car Seat Laws
  • Pennsylvania Child Support Laws
  • Pennsylvania Hit and Run Laws
  • Pennsylvania Lemon Law
  • Pennsylvania Recording Laws
  • Pennsylvania Sexting Laws
  • Pennsylvania Statute of Limitations
  • Pennsylvania Whistleblower Laws

FAQs

How long must medical records be kept? ›

Generally most health and care records are kept for eight years after your last treatment.

How long are medical records kept in North Carolina? ›

NOTE: Records must be retained 11 years after last encounter at hospital.

How long are medical records kept in Rhode Island? ›

tit. 22, § 70751(c) (2008). 6 years as stipulated by basic HIPAA regulations.

How long keep medical records Oklahoma? ›

Medical records shall be retained a minimum of five (5) years beyond the date the patient was last seen or a minimum of three (3) years beyond the date of the patient's death. Records of newborns or minors shall be retained three (3) years past the age of majority.

How long should medical records be retained prior to destruction? ›

To keep your practice compliant with their regulations, you must retain all medical records for at least five years.

When should a record be destroyed? ›

Any records that contain confidential information that should not be seen by others should be securely destroyed. Leaving hard copies lying around, sending an electronic document to your trash, or filing it away in an old folder can put you at risk if it's not destroyed.

How long do hospitals keep medical records in NJ? ›

How long must a physician keep medical records? According to the New Jersey State Board of Medical Examiners' rules, medical records must be kept for seven (7) years from the last date of service.

How long are medical records kept in NY? ›

The NYS Department of Health, however, requires medical doctors to retain records for any adult patients for 6 years. Minor patients are kept for 6 years and until one year after the minor reaches the age of 18 (whichever is longer). For hospitals, medical records must be kept for six years from the date of discharge.

How long do doctors keep medical records in Florida? ›

According to Rule 64B8-10.002(3), FAC : A licensed physician shall keep adequate written medical records, as required by Section 458.331(1)(m), Florida Statutes, for a period of at least five years from the last patient contact; however, medical malpractice law requires records to be kept for at least seven years.

How long must medical records be kept in Minnesota? ›

The provider shall retain a client's records for a minimum of seven years after the date of the provider's last professional service to the client, except as otherwise provided by law.

How long are medical records kept in Georgia? ›

State laws generally govern how long medical records must be retained. In Georgia, a provider must normally retain records for 10 years from the date the record item was created.

Who determines the retention period for health records? ›

The retention time of the original or legally reproduced medical record is determined by its use and hospital policy, in accordance with law and regulation. Patient health and medical records (adults): 10 years after the most recent encounter.

How long are medical records kept in Kentucky? ›

5 years from date of discharge or 3 years after the patient reaches the age of majority (i.e., until patient turns 21) whichever is longer. 902 Ky.

How long does a doctor's office have to keep medical records in Mississippi? ›

MISSISSIPPI STATE LAWS: Complete medical records must be retained for a period of at least seven years for patients discharged at death, 10 years for adult patients of sound mind at the time of discharge, and for the period of minority or other disability plus seven years, but not to exceed 28 years for minors or ...

What is the required retention time frame for patient medical records regulated by federal? ›

The regulation requires you to maintain medical records for 7 years from the Date of Service (DOS). CMS recognizes you may rely upon an employer or another entity to maintain these records.

What records must be kept for 10 years? ›

You must be able to produce receipts, invoices, canceled checks or bank records that support all expense items. You should also keep sales slips, invoices or bank records to support all income items. These records should be retained for at least 10 years after they have expired.

How long records are kept or destroyed? ›

Federal regulations require research records to be retained for at least 3 years after the completion of the research (45 CFR 46) and UVA regulations require that data are kept for at least 5 years. Additional standards from your discipline may also be applicable to your data storage plan.

What is the general statute of limitations for medical records to be kept quizlet? ›

Legally, all medical records should be stored for seven years from the time of the last entry. Some of the time periods for retaining medical records as adopted by the American Health Information Management Association are as follows: Adult patient records—ten years after the most recent encounter.

Can medical records be deleted? ›

No. A patient's record should be complete and accurate to ensure they receive appropriate care. Patients can question the content of their records, but not on the basis that it is upsetting or that they disagree with it.

What is data retention policy? ›

Data retention policies concern what data should be stored or archived, where that should happen, and for exactly how long. Once the retention time period for a particular data set expires, it can be deleted or moved as historical data to secondary or tertiary storage, depending on the requirements.

What documents should be destroyed? ›

Which Documents Should I Shred?
  • Credit Card and Utility Bills.
  • Bank Statements.
  • I-9 Forms.
  • W-2 and W-4 Forms.
  • Tax Records.
17 Dec 2020

How far back can I access my medical records? ›

GP records are generally retained for 10 years after the patient's death before they're destroyed. For hospital records, the record holder is the records manager at the hospital the person attended. You will have to apply to the NHS trust and fees may apply for accessing these records.

What is record retention in healthcare? ›

In the USA— the Health Insurance Portability and Accountability Act (HIPAA) requires healthcare providers and other Covered Entities to retain medical records for six years, measured from the time the record was created, or when it was last in effect, whichever is later.

How do I get my medical records in NJ? ›

In New Jersey you have the right to: ∞ See and get a copy of your medical record. Your health care provider usually must let you see your medical record or give you a copy of it within 30 days of receiving your request. Your health care provider is allowed to charge you for copies of your medical record.

What is the Cures Act 2021? ›

Known as the “Cures Rule,” this national policy requires healthcare providers give patients access to all of the health information in their electronic medical records “without delay” and without charge.

How long can a medical record be stored filed in the medical records section department of a hospital? ›

Subject to existing regulations, all medical records, whether in electronic and/or paper format, shall be stored for fifteen (15) years. For medico-legal cases, records shall be stored for a lifetime. D. Providers of electronic medical records shall have a filing and storage protocol.

How long do you have to keep dental records in New York? ›

All patient records must be retained for at least six years, with the exception of records for minor patients, which must be maintained for at least six years and for one year after the minor patient reaches the age of 21. Accurate and complete patient records serve many purposes.

What happens to medical records when a doctor dies in Florida? ›

(1) The executor, administrator, personal representative or survivor of a deceased physician licensed pursuant to Chapter 458, Florida Statutes, shall retain medical records in existence upon the death of the physician concerning any patient of the physician for at least a period of two (2) years from the date of the ...

Do I have a right to my medical records in Florida? ›

Yes. Section 456.057, Florida Statutes, allows patients or their legal representative to receive copies of all reports and records relating to an examination or treatment by a healthcare practitioner.

Which section of the Florida Statutes governs ownership and control of medical records? ›

Chapter 456 Section 057 - 2011 Florida Statutes - The Florida Senate.

What is the Minnesota Health Records Act? ›

The Minnesota Health Records Act, or MHRA, protects data contained in medical records of individual patients that is collected by healthcare providers, such as doctors, dentists, psychotherapists, nurses, health care facilities, and other licensed healthcare professionals.

How long must medical records be retained in Illinois? ›

For example, under Illinois law, hospitals must keep medical records at least 10 years. There is no specific rule for how long doctors in Illinois must keep medical records. You have the right to see, get a copy of, and amend your medical record for as long as your health care provider has it.

How long do you have to keep medical records in Iowa? ›

A physician shall retain all medical records, not appropriately transferred to another physician or entity, for at least seven years from the last date of service for each patient, except as otherwise required by law. another physician or entity, for a period consistent with that established by Iowa Code section 614.8.

Who owns medical records in Georgia? ›

The "records" are owned by and the property of the health care provider. However, Georgia law, (O.C.G.A. § 31-33-2(a)(2)), requires a physician to provide a current copy of the record to the patient under most circumstances.

How do I get my medical records in Georgia? ›

In Person:

Visit your county's health department to submit an Authorization for Use or Disclosure of Health Information form. You can complete this form at the time of the request or print it out in advance. We accept American Express, Discover, MasterCard, Visa, money order and cash.

How much can a doctor charge for medical records in Georgia? ›

If you are getting paper copies, the medical provider may charge up to $0.97 per page for the first 20 pages, $0.83 per page for pages 21-100, and $0.66 per page for pages over 100; and. For records not in paper form, e.g. electronic copy, the provider can charge reasonable cost of production.

What is the HIPAA Privacy Rule requirement for the retention of health records? ›

Under the HIPAA regulations, covered entities must retain the following, for at least six years, from either the date of creation, or the last “effective date,” whichever date is later: A written or electronic record of a designation of an organization as a covered entity or business associate.

How long should I keep medical records? ›

20 years after date of last contact between the patient and the mental health provider. Or 3 years after the death of the patient if sooner and the patient died while in the care of the organisation. 8 years after the conclusion of treatment or death. 6 years after last entry, or 3 years after the patient's death.

How long the physician must keep the patient records for and why? ›

10 years from the date of last entry or 10 years from when the patient reaches the age of majority or until the physician ceases to practice if some conditions are met.

When Should NHS records be destroyed? ›

The minimum retention periods for NHS records are as follows: • Personal health records - 8 years after last attendance. Mental health records - 20 years after no further treatment considered necessary or 8 years after death. when young person was 17, or 8 years after death.

How long must medical records be kept in South Africa? ›

The HPCSA offers the following guidance on the retention of medical records: Records should be kept for at least 6 years after they become dormant. The records of minors should be kept until their 21st birthday. The records of patients who are mentally impaired should be kept until the patient's death.

Can medical records be deleted? ›

No. A patient's record should be complete and accurate to ensure they receive appropriate care. Patients can question the content of their records, but not on the basis that it is upsetting or that they disagree with it.

Why are maternity records kept for 25 years? ›

Maternity records (including obstetric and midwifery)

Maternity records must be kept for twenty five years after the birth of the last child. With medical records having such a long storage life span, keeping them in good order – so that they are kept safe and secure and easy to access – can often be a challenge.

How far back do GP records go? ›

GP records are generally retained for 10 years after the patient's death before they're destroyed. For hospital records, the record holder is the records manager at the hospital the person attended. You will have to apply to the NHS trust and fees may apply for accessing these records.

How often are medical records destroyed? ›

What Happens to Medical Records and PHI After 10 years? Federal law allows medical providers to destroy medical records after six years but some states require a longer retention period. If the medical records pertain to a child, you may be required to retain them for more than 10 years.

How long after a client leaves the home should you keep the medicine records? ›

Keep medicines administration records for at least 8 years after the person's care ended at the service. After 8 years, review the records. If they are no longer needed, destroy them in line with local policies. If you scan your records, complete any quality checks and destroy the original paper copies.

Does the POPI Act apply to medical records? ›

POPI affects all private and public organisations that process information such as names, addresses, email addresses, health information and employment history, and must be complied with if outsourcing data to third parties.

What is medical REcoRD policy? ›

MEDICAL REcoRD PoLICIEs. Patient access to their medical records. Privacy; confidentiality and the release of patient information. Policy on retention of medical records. Destruction of medical records.

Why is it important to keep medical records up to date? ›

The records form a permanent account of a patient's illness. Their clarity and accuracy is paramount for effective communication between healthcare professionals and patients. The maintenance of good medical records ensures that a patient's assessed needs are met comprehensively.

What are 3 things you should not add to a medical record? ›

The following is a list of items you should not include in the medical entry:
  • Financial or health insurance information,
  • Subjective opinions,
  • Speculations,
  • Blame of others or self-doubt,
  • Legal information such as narratives provided to your professional liability carrier or correspondence with your defense attorney,
23 Mar 2010

How much information do patients retain? ›

Patients remember as little as a fifth of information discussed and immediately forget 40%-80% of the content of their medical encounters.

Can the government access your medical records? ›

A patient's right to confidentiality with medical records is paramount but the reality is that the law already allows police and others access in limited circumstances. These in essence are where adults or children who are known or considered to be at risk of, or to have suffered, abuse or neglect.

How long should dental records be kept for? ›

This recommends 15 years as the minimum retention period for adult dental clinical records and that children's records should be retained until the 25th birthday or 26th if the patient was 17 when treatment ended.

How long are children's medical records kept? ›

Children records: Medical files for children or minors must be kept until the patient's 25th birthday, or eight years after their death. Medical record retention requirements for general hospital care: Keep these for eight years after conclusion of treatment or the patient's death.

How are medical records destroyed? ›

Paper record methods of destruction include burning, shredding, pulping, and pulverizing. Microfilm or microfiche methods of destruction include recycling and pulverizing. Laser discs used in write once-read many document-imaging applications are destroyed by pulverizing.

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