Last Updated | November 6, 2024
Overview: HIPAA Medical Records Release Laws
HIPAA, the Health Insurance Portability and Accountability Act, is a set of regulations designed to protect patient privacy and security. Understanding and adhering to medical records release laws and retention policies is critical to HIPAA compliance.
HIPAA medical records release laws and retention compliance are necessary for medical practitioners and software developers alike. Non-compliance with HIPPA record retention laws may result in hefty financial penalties and, in the worst cases, may lead to jail time.
Regulations about medical records are enforced by HIPAA is a federal law designed to protect the privacy and security of patient health information. Other than this standard, state laws can also influence the release of medical records.
This blog defines the HIPAA Medical Records Release Laws, the fine structure in case of failure to release information, and state laws governing medical records release.
What Are HIPAA Regulations for HIPAA Medical Records Release Laws?
In general, the HIPAA Privacy Rule grants individuals the right to access and obtain copies of their health information held by healthcare providers. This right lets them review their medical records, ensure accuracy, and share that information with other healthcare providers.
HIPAA is an ongoing regulation (HIPAA medical records release laws). All healthcare organizations must comply with it to ensure the security, integrity, and privacy of protected health information (PHI).
HIPAA guidelines for medical records dictate the mandatory data storage and release policies that all healthcare institutions must comply with. It is the most stringent of all federal and state regulations ruling the healthcare industry. HIPAA is a federal law governed by the Department of Health and Human Services (HHS); however, the rules for medical records retention and release differ in different states.
The Health Insurance Portability and Accountability Act (HIPAA) came into force to protect the privacy and security of patient health information (PHI). The Department of Health and Human Services (HHS) oversees HIPAA compliance, enforced by the Office for Civil Rights (OCR). The OCR guides HIPAA regulations and investigates potential violations to ensure PHI’s legal use and disclosure.
Decoding PHI
Protected Health Information (PHI) is a broad term used to denote patients’ identifiable information (PII), including name, address, age, sex, and other health-related data. Such information is generally collected and stored by medical practitioners using specialized medical software.
For instance, John is diagnosed with obsessive-compulsive disorder. This is Protected Health Information (PHI) since it contains the Personally Identifiable Information (PII) of John (his name, as well as his medical condition – obsessive-compulsive disorder). In this example, John’s PHI will be protected under HIPAA records retention laws.
There’s another definition of Electronically Protected Health Information (ePHI). It is the electronic management, creation, receiving, maintenance, or transmission of healthcare data. The protection of ePHI falls under the HIPAA Security Rule to safeguard electronic patient information in healthcare.
Since we are talking about the protection of ePHI, it’s crucial to outline that medical device UX plays an essential role in protecting and securing PHI transmission, access, and storage. You can count on custom healthcare software development companies like Folio3 have years of experience in designing medical apps and software solutions.
HIPAA Fine In Case of Failure to Provide Patient Records
Strict regulation of HIPAA compliance is a must, given the sensitive nature of PHI. Any violation of HIPAA patient records results in hefty penalties and fines. The strict penalties against HIPAA violations encourage healthcare practitioners, hospitals, and software developers to ensure complete compliance with HIPAA regulations.
HIPAA fines are not imposed flatly on all violations; instead, they are enforced on a tiered basis, depending upon the severity, frequency, and knowledge of the non-compliance. Different tiers of HIPAA penalties for non-compliance include:
- If the medical practitioner or healthcare organization isn’t aware (or couldn’t have reasonably been aware) of the violation, the fines range from USD 1,000 to USD 50,000 / violation.
- If the violation is caused with a reasonable cause (without willful negligence of a medical practitioner or healthcare organization), the fines range from USD 10,000 to USD 50,000
- If the violation is due to willful negligence of the organization, however, it is ramified within time, the fines range from USD 10,000 to USD 50,000
- If the violation is due to willful negligence and isn’t timely ramified, the fines range in excess of USD 50,000 per violation.
Under all tiers, any repeated violation within the same calendar year results in a penalty of USD 1,650,300 per violation. Historically, the most significant penalty for HIPAA violations was on Advocate Health System (three data breaches compromising the privacy of over 4 million patients), which amounted to USD 5.5 million.
The Office of Civil Rights (OCR) reserves the right to impose HIPAA noncompliance fines, even if there are no data breaches of ePHI.
Such fines are generally due to:
- Lack of adequate security documentation
- Scarcity of trained employees dealing with PHI
- Failure of healthcare practitioners or medical institutes to acquire a Business Associate Agreement (BAA) with third-party service providers
Laws Regarding the Release of HIPAA Medical Records by State in the USA
As federal legislation, HIPAA compliance applies to every citizen in the United States. It is considered the most comprehensive and practical document dealing with the safe collection, retention, and release of Protected Health Information (PHI). However, many states also maintain their own laws concerning the security of health information.
Multiple states had already established laws to protect health information privacy and safety before HIPAA’s enactment. Some states have since introduced additional regulations to enhance these protections or imposed stricter penalties for HIPAA non-compliance.
All organizations (healthcare institutes, medical practitioners, medical software development companies, and other third-party service providers) collecting or processing PHI need to stay vigilant about federal HIPAA laws, as well as state laws. Let’s look at some of the state medical records release laws in the United States.
California HIPAA Medical Records Release Laws
Medical Doctors
Medical doctors/practitioners in California do not have a specific state law; however, they are encouraged to hold on to medical records for an indefinite time, if possible.
Hospitals
- For Adult Patients, medical practitioners and healthcare organizations need to maintain the medical records for 7 years following the patient’s discharge.
- For Minor Patients in California, healthcare institutes and medical practitioners must hold medical records data for one year after the patient reaches 18 years old.
Oregon HIPAA Medical Records Release Laws
Medical Doctors
Medical practitioners are required to keep patients’ medical records for at least 10 years after the last contact between the patient and the doctor. However, the state law allows doctors to hold medical records for all living patients indefinitely if need be.
Hospitals
According to Oregon HIPPA medical records release laws, hospitals are required to keep the medical records of patients for 10 years after the date of last discharge.
NC HIPAA Medical Records Release Laws
Medical Doctors
N/A
Hospitals
- For adult patients, hospitals are required to keep medical records for a period of 11 years following discharge.
- For minor patients, the hospitals in NC are required to hold medical records until the patient’s 30th birthday.
HIPAA Compliance Penalties Incurred in the US Healthcare Network
Release of HIPAA Medical Records Laws in Florida
Florida HIPAA Laws for Minors
HB 241 in Florida has significantly changed the legal requirements regarding the treatment of minors without parental consent. Before this law, no provision in Florida Statutes criminalized medical treatment to minors without parental consent. However, with the enactment of HB 241, effective July 1, 2021, it is now classified as a misdemeanor of the first degree for healthcare providers to offer medical services to minors without obtaining written parental consent first.
HB 241 lists parental rights for a minor kid in a number of areas. Section 7 of the law is of particular importance to doctors because it states the following:
- Except as otherwise provided by law, a health care practitioner, as defined in s. 456.0001, or an individual employed by such health care practitioner may not provide health care services or prescribe medicinal drugs to a minor child without obtaining written parental consent.
- Except as otherwise provided by law or court order, a provider, as defined in s. 408.803, may not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent.
- This section does not apply to an abortion governed by chapter 390.
- This section does not apply to services provided by a clinical laboratory unless the services are delivered through a direct encounter with the minor at the clinical laboratory facility.
Medical Doctors
Medical doctors in Florida must hold patients’ data for the last 5 years.
Hospitals
Public hospitals in Florida are required to maintain patients’ data for 7 years from the last date of entry.
Release of HIPAA Medical Records Laws in Kentucky
Medical Doctors
N/A
Hospitals
- For adult patients, Kentucky state laws regarding the release of HIPAA medical records require hospitals to retain adult patients’ information for 5 years from the date of discharge.
- For minor patients, hospitals are required to keep the information for 3 years after the date of discharge or until the patient turns 21 (which is longer).
Release of HIPAA Medical Records Laws in Texas
Medical Doctors
- For adult patients, medical doctors in Texas must keep medical records for 7 years since the last treatment date.
- For minor patients, medical doctors are required to keep the records for 7 years until the patient reaches the age of 21 (whichever date is later).
Hospitals
- For adult patients, hospitals in Texas are required to keep the medical records for 10 years from the date of last treatment.
- For minor patients, hospitals have to maintain medical records for the last 10 years from the date of last treatment or until the patient reaches age 20 (whichever is later).
Michigan Law Regarding the Release of HIPAA Medical Records
Medical Doctors
They must maintain medical records for 7 years from the date of treatment.
Hospitals
Hospitals in Michigan are required to keep the medical records for 7 years from the date of last treatment.
Colorado Law Regarding the Release of HIPAA Medical Records
Medical Doctors
- For adult patients, medical doctors in Colorado are to keep medical records for 7 years from the last treatment date.
- For minor patients, medical records must be maintained for 7 years from the last date of treatment or until the patient reaches 18 (whichever is later).
Hospitals
- For adult patients, hospitals are required to maintain records for 10 years from the last date of service.
- For minor patients, medical records must be kept for 10 years from the last date of treatment or until the patient reaches the age of 28 (whichever is later).
Partner With Folio3 Digital Health To Develop a HIPAA-Compliant Healthcare Software
Folio3 is a leading digital health solutions provider specializing in developing secure, HIPAA-compliant software. We aim to protect patient privacy and streamline healthcare operations by making applications in compliance with HIPAA laws. Industry experts at Folio3 Digital Health understand the importance of adhering to healthcare regulations and the penalties/damage non-compliance can do. We use the latest technology to create tailored software solutions that meet HIPAA regulations and your needs. By prioritizing patient data security and efficient information exchange, Folio3 helps healthcare organizations deliver high-quality care.
Conclusion
HIPAA is the base of patient privacy and security that requires strict adherence to medical records release laws and retention policies. Healthcare providers, software developers, and other organizations handling protected health information (PHI) must navigate both federal and state regulations to ensure compliance. Understanding the guidelines of HIPAA for medical record release and retention, is crucial to avoid penalties and legal troubles.
Frequently Asked Questions
Can Hospitals Release Information to Police in the USA Under HIPAA Compliance?
The HIPAA Privacy Rule allows disclosure of PHI to law enforcement without patient authorization under these specific circumstances:
- Legal Requests: Responding to court orders, warrants, subpoenas, or administrative requests.
- Identifying or Locating Individuals: To identify or locate suspects, fugitives, material witnesses, or missing persons.
- Victim Information: To provide information about victims or suspected victims of crimes.
- Crime Reporting: Reporting deaths caused by criminal activity or reporting crimes that occur on the premises of the covered entity.
- Emergency Situations: To inform law enforcement about off-site crimes, including details about the crime, victims, and perpetrators.
Can a Doctor Release Medical Records to Another Provider?
Under HIPAA law, a medical practitioner can share PHI with another healthcare provider if they follow the HIPAA Privacy Rule. Provided they believe that sharing PHI is important to save a patient or group of people from serious harm.
What are the Consequences of Unauthorized Access to Patient Medical Records?
Besides hefty penalties, unauthorized access to patient medical records may lead to jail time.
Who is Allowed to View a Patient’s Medical Information Under HIPAA?
Under HIPAA law, only the patient and his personal representative are legally allowed to access medical records. Healthcare providers may, in some cases, share the information with other medical practitioners where they deem it necessary to save a patient or specific group of individuals from imminent harm. Also, medical records may be shared with a health plan for payment or other purposes with the explicit consent of patients.
When Should You Release a Patient’s Medical Records Under HIPAA Compliance?
Different states maintain different laws regarding the number of years hospitals or healthcare practitioners must protect and retain patients’ information.
Is Accessing Your Own Medical Records a HIPAA Violation?
No. Accessing your medical records isn’t a HIPAA violation.
Is HL7 Epic Integration Compliant with HIPAA Laws?
HL7 is the standard for streamlining information transmission across different healthcare programs and apps. However, healthcare providers are entrusted to ensure that HL7 standards are implemented according to HIPAA laws to streamline hospital workflow for improved performance. Epic and HL7 integration must comply with HIPAA regulations, and the responsibility falls on healthcare providers.
What is a HIPAA Release in North Carolina? – NC HIPAA Laws
A HIPAA Release is a legal document that allows your healthcare providers to release your medical information to the people specified in your HIPAA Release.
HIPAA law NC release enables your health care provider, such as a doctor, dentist, health plan, hospital, clinic, etc., to give, disclose, and release all of your identifiable health information to the individuals named in the Release of medical records HIPAA.
What is the Guideline Provided By Michigan State On Releasing Patient Information As Per HIPAA?
The University of Michigan Health System modified and adopted this recommendation after the Michigan Health and Hospital Association developed it. Visit the official UMHS Notice of Privacy Practices for more information on the HIPAA medical records-specific privacy policies followed by the University of Michigan Health System.
HIPAA Release Of Information Of Patient
The use and disclosure of a patient’s personal health information, often known as “protected health information,” is governed under the Medical Privacy Regulations of the Health Insurance Portability and Accountability Act. If a state statute or hospital policy is more stringent than the HIPAA privacy rule on medical records, the more stringent one will take precedence.
Under Michigan HIPAA law privacy standards, patients must be allowed to object to or restrict the use or distribution of their PHI. Patients must also be informed about how their PHI will be used. Hospitals may use and disclose PHI for treatment, payment, and other healthcare operations without the patient’s permission.
Additionally, when someone directly asks about a patient by name, the HIPAA privacy standards provide provisions for sharing limited information about the patient without the patient’s consent.
The following details may be displayed in a hospital directory without a patient’s consent:
- The patient’s name
- The patient’s location in the healthcare provider’s facility
- The patient’s condition described in general terms that do not give away specific information about the individual.
- The patient’s religious affiliation (may only be released to clergy – clergy do not have to inquire about a patient by name)
The HIPAA privacy standards establish the minimally acceptable standard for the use of HIPAA medical records requests and the release of a patient’s health information. Hospital policies, as well as state and federal law, may take a more stringent stance.
How are HIPAA Laws and Doctor’s Notes Related to One Another?
HIPAA laws for medical records mandate that all patient-provided health information, including notes and observations regarding the patient’s condition, is only used for treatment, payment, operating healthcare facilities, and other particular reasons listed in the Privacy Rule.
What is the HIPAA Privacy Rule Requirement for the Retention of Health Records?
The HIPAA record retention requirements state that all HIPAA-related documents must be retained for at least 6 years from when a policy or procedure was last in force.
How Long Does HIPAA Violation Stay On Your Record?
A HIPAA violation can stay on your record for varying lengths, depending on its severity and nature. In case of a criminal record due to §1177 violation of the Social Security Act, the violation will stay on your record indefinitely.
About the Author
MJ Stephens
MJ Stephens is a Sales Manager at Folio3, where she supports healthcare organizations in achieving digital transformation through customized software solutions. With expertise in digital health and ERP, MJ focuses on aligning software capabilities with clients' clinical and operational needs, leveraging data-driven insights and a strong customer success background. She holds a degree in Public Relations from the University of South Carolina and is passionate about sharing insights on healthcare technology trends and digital health solutions.
