How Long Do Hospitals Keep Medical Records in the USA?

Posted in Electronic Health Records

Medical records are more than just paperwork; they are critical tools that provide deep insights into a patient’s health history, inform current diagnoses, and guide treatment plans. For healthcare providers, these records are essential for delivering quality care and ensuring continuity across services. However, questions often arise: how long do hospitals keep medical records? When are they eligible for destruction?​

Hospitals generally keep medical records for a period ranging from 5 to 10 years after the patient’s death, discharge, or last treatment. However, retention periods can vary by state, age of the patient, and the type of facility (hospital or private doctor).

In the United States, while the Health Insurance Portability and Accountability Act (HIPAA) mandates that certain documents be retained for at least 6 years, individual state laws may require longer retention periods. For example, New York requires hospitals to retain adult patient records for 6 years and minor patient records until the patient turns 21. Let’s get into more deatils about retention and destruction policies.

How Long to Keep Medical Records Using CRM?

The laws are different for every state, when it comes to how long are hospital records kept and the time needed for record-keeping isn’t consistent across the board. The timeline depends on who stores this data: hospitals or private medical doctors. In addition, the length of healthcare record-keeping also depends on the patient’s age (if the patient is a minor or an adult).

Medical record retention with CRM systems requires careful consideration of legal requirements, data types, and the organization’s needs. Law-making bodies define how long medical records are kept. Usually, the medical record-keeping period ranges from five to ten years after the patient’s death, discharge, or last treatment.

What Is Medical Record Retention And Destruction Policy?

Medical records’ retention and destruction logs are useful for tracking the document’s safe storage. This step streamlines patient data management and ensures that the medical facility is in compliance with state laws and HIPAA. 

Retention Policy

HIPAA launched the HIPAA Privacy Rule in 1996 to keep healthcare service providers accountable for maintaining and protecting patients’ medical records and other information. It hasn’t specified the retention time for different medical records, but it generally requires the retention time of medical records to be at least six years from the development date.

It’s important to outline that some state laws ask medical service providers and facilities to retain medical records for more than six years. The minimum medical record retention period is different for every state (some have a longer period compared to HIPAA specifications, while other states have a shorter retention timeline). In addition, the medical records and destruction logs help keep track of documents currently being retained or destroyed.

Maintaining a log streamlines record management and ensures that the medical facility complies with state laws and HIPAA regulations. 

Medical records can be retained in two formats: 

• On paper 
• EMRs

File boxes must be labeled with the designated retention period for paper records. Once that period expires, the storage providers are responsible for properly destroying the records.

On the other hand, digital formats, such as electronic health record (EHR) systems, are crucial for managing and storing EMRs. These systems can be configured to track the retention period of medical records. Once the retention period expires, the records can be automatically deleted, as the EHR system can be set to handle this process seamlessly.

Destruction Policy

There are two primary methods for tracking retention periods and managing the destruction of medical records: paper and electronic. Healthcare providers can use either an off-site secure shredding service or an on-site shredder for paper records. After the documents are destroyed, the provider must obtain a certificate of destruction, including details such as the date, location, and a witness signature to avoid legal liabilities.

Electronic health records (EHRs) systems can be programmed to automatically delete data after the retention period ends. However, the traces of the files may remain on the hard drive, so it’s also essential to destroy them. A destruction certificate should be issued as proof of compliance.

It’s important to note that while HIPAA doesn’t specify how long records should be retained, it does mandate protecting patient information from unauthorized disclosure. Since HIPAA is a federal law, medical facilities must comply with individual state laws that outline specific retention periods for medical records.

3 Benefits of Keeping Good Medical Records at Hospitals

What Is Medical Record Retention And Destruction Policy?

Medical records’ retention and destruction logs are useful for tracking the document’s safe storage. This step streamlines patient data management and ensures that the medical facility is in compliance with state laws and HIPAA. 

Retention Policy

HIPAA launched the HIPAA Privacy Rule in 1996 to keep healthcare service providers accountable for maintaining and protecting patients’ medical records and other information. It hasn’t specified the retention time for different medical records, but it generally requires the retention time of medical records to be at least six years from the development date.

It’s important to outline that some state laws ask medical service providers and facilities to retain medical records for more than six years. The minimum medical record retention period is different for every state (some have a longer period compared to HIPAA specifications, while other states have a shorter retention timeline). In addition, the medical records and destruction logs help keep track of documents currently being retained or destroyed.

Maintaining a log streamlines record management and ensures that the medical facility complies with state laws and HIPAA regulations. 

Medical records can be retained in two formats: 

• On paper 
• EMRs

File boxes must be labeled with the designated retention period for paper records. Once that period expires, the storage providers are responsible for properly destroying the records.

On the other hand, digital formats, such as electronic health record (EHR) systems, are crucial for managing and storing EMRs. These systems can be configured to track the retention period of medical records. Once the retention period expires, the records can be automatically deleted, as the EHR system can be set to handle this process seamlessly.

Destruction Policy

There are two primary methods for tracking retention periods and managing the destruction of medical records—paper and electronic. Healthcare providers can use either an off-site secure shredding service or an on-site shredder for paper records. After the documents are destroyed, the provider must obtain a certificate of destruction, including details such as the date, location, and a witness signature to avoid legal liabilities.

Electronic health records (EHRs) systems can be programmed to automatically delete data after the retention period ends. However, the traces of the files may remain on the hard drive, so it’s also essential to destroy them. A destruction certificate should be issued as proof of compliance.

It’s important to note that while HIPAA doesn’t specify how long records should be retained, it does mandate protecting patient information from unauthorized disclosure. Since HIPAA is a federal law, medical facilities must comply with individual state laws that outline specific retention periods for medical records.

How To Safely Destroy Medical Records?

Destruction of medical records is not as easy as throwing away old papers. Organizations must follow proper protocols and document the entire process to stay away from legal complications in the future. 

1. Identify Records Eligible for Destruction

Before initiating the destruction process, ensure that records have met their legally mandated retention periods. For instance, in the U.S., HIPAA requires certain documents to be retained for at least six years, while state laws may stipulate longer periods. In other places, like the U.K., the NHS Records Management Code of Practice outlines specific retention schedules for various types of records.​

2. Choose Appropriate Destruction Methods

• Paper Records: Get cross-cut shredders that make documents unreadable and use services of a certified shredding organziation that provide a Certificate of Destruction for later use.​
  
• Electronic Records: Employ methods like degaussing, purging, or physical destruction (e.g., shredding hard drives) to ensure data is irretrievable. Simply deleting files is insufficient, as data can often be recovered with specialized tools.​
  

3. Document the Destruction Process

Maintain detailed logs that include:​

• Date of destruction
• Description of records destroyed​
• Method of destruction
• Personnel involved​
• Witness signatures, if applicable​
  

This documentation is crucial for showing abidance to the compliance regulations during audits.​

Consequences of Non-Compliance

1. Legal Penalties

Failure to properly destroy medical records can result in significant fines. In the U.S., HIPAA violations can lead to penalties ranging from $100 to $50,000 per violation, with a maximum annual penalty of $1.5 million.​

2. Criminal Charges

In cases of willful neglect or malicious intent, individuals may face criminal charges, leading to imprisonment.​

3. Civil Lawsuits

Patients affected by data breaches may file lawsuits against healthcare providers for negligence, leading to costly settlements and reputational damage.​

4. Loss of Trust and Reputation

Data breaches can erode patient trust and damage an organization’s reputation, potentially resulting in loss of business and partnerships.

How Long Do Doctors Keep Medical Records?

There is no universal timeline to know how long are hospital records kept. This is because HIPAA laws demand that healthcare providers retain records for six years, while federal law requires them to keep medical records for at least seven years after the medical service is provided to the patients. In addition, the timeline goes up to ten years for Medicare patients. Since the timeframe for medical record keeping is different for every state, you need to consult the corresponding governing bodies.

What Is The Release Of Medical Records Law?

The medical release form is used to make a request to the healthcare provider to get the information you need. It directs healthcare facilities to release the medical records by the respective authorities. During this legal process, keep the following pointers in mind: 

• All the medical records belong to patients, and they have the right to control the information released to others.
• The patient’s medical chart information cannot be released without the student’s written permission. It must be dated and clearly state who can access the released information, which type of information is delivered to the specific party, and the permission’s expiration date.
• The physician or doctor has to ensure that the medical records are released to the authorized party only.

Healthcare Record Retention Period In Hospitals (According to States)

How Long Do Hospitals Keep Medical Records By The State?

Medical record-keeping is essential for every hospital and healthcare provider. However, the timeline for storing this information and files varies by state, even after HIPAA laws.

Let’s take a quick look at how long do hospitals keep medical records in Florida, Texas, New York, and other states of the US.

New York

According to the NYS Department of Health, healthcare providers should retain the medical records for six years for adult patients. In the case of minors, the records must be kept for six years or after one year after the minor reaches adulthood.

Florida

According to the laws of Florida, physicians must maintain medical records for five years. After this time, there will be no legal repercussions for destroying the data. 

Illinois

The state of Illinois requires hospitals to store medical records for ten years. However, there is no rule about doctors keeping medical records to themselves. The patients can always ask for their medical records or get copies if the hospital has them.

Texas

The physicians in Texas keep the medical records safe for at least seven years (minimum). However, hospitals and medical health providers can keep the data longer if they want.

Massachusetts

The clinics and medical institutions should keep the medical records for thirty years after the patient has been discharged. The same timeline applies to the HMOs with a staff-model system.

New Jersey

New Jersey hospitals must keep patient records safely for ten years after the discharge date. In the case of minors, the medical records must be stored until they reach the age of twenty-three years.

Georgia

The doctors and/or physicians must retain the medical records for at least ten years after the discharge date. They should also furnish documents within 30 days of the request.

Ohio

Once the patient is discharged from the hospital, their medical records are safe for at least six years in case of a healthcare facility. On the other hand, the healthcare service should keep the medical records for five years.

California

The medical records of the Medi-Cal patients should be kept for ten years. On the other hand, the HMO records have to be maintained for at least two years.

How Can I Get Medical Records From 30 Years Ago?

Doctors and physicians are responsible for documenting patients’ medical and clinical histories. This helps them determine whether medical treatment was implemented properly. Medical records are extremely sensitive private documents that are stored and shared according to proper legal protection.

As far as getting the medical records from 20 or 30 years ago is concerned, there are multiple methods, but it is challenging. This may be due to the closure of the healthcare facility, doctor’s retirement, transfer/move, etc. 

However, you can follow the steps mentioned below to get hold of your twenty years old medical records: 

Check The Documents

Usually, we underestimate the extent of information we already possess. For this reason, before requesting someone else to find your medical records, check the personal documents and files thoroughly. You are highly likely to have the records in the form of prescriptions, medical reports, and test results in copied form.

Request The Hospital

Once you are sure that the medical data required is not with you, opt for the formal request, visit the hospital or clinic where you received the treatment, and ask for the medical records. This is because multiple healthcare facilities have a formal process for extracting the documents.

On the other hand, if they do not have a proper process, write an application to the hospital with your identification details, including address, date of birth, phone, and social security number, to get your files. Additionally, mention the case information along with the year of treatment and medical conditions, along with the names of the documents you need. 

Insurance Companies & Doctors

If you cannot obtain medical records from the hospital or clinic, visit the doctor’s private office and ask for them. Also, you can visit the insurance company and send the same application you sent to the hospital because insurance companies tend to keep this information safe.

You may need to wait thirty to sixty days to get approval of your request or even get a reply. Make sure to always have a copy of the original request. If nothing else works and you are unable to get access to the medical records, contact the Department of Health (every state and city has one).

Get The Best EMR Solution For Your Healthcare Facility with Folio3 Digital Health 

If you are looking to develop a HIPAA-compliant, tailored medical record-keeping solution, Folio3 Digital Health can help you. Our teams of designers, developers, and marketers will assist you from ideation to final deployment. Working with Folio3 Digital Health will give you the best EMR solution to streamline your healthcare facility operations and provide better patient care. Every digital health product by Folio3 is HIPAA-compliant and uses the latest HL7 and FHIR interoperability standards.

Conclusion

All in all, hospitals or other healthcare facilities must adhere to the regulations set by HIPAA and their state law regarding retention periods of medical records for safe data management. Once you know how long are medical records required to be kept in hospitals according to HIPPA and Federal laws, you can safely protect sensitive patient information. 

Frequently Asked Questions

How Long are Medical Records Kept After Death?

According to HIPAA laws, health records must be kept for fifty years after a person is dead. However, some states only have a 5 to 10-year retention period.

What Is The Statue Of Limitations For Keeping Medical Records?

The minimum retention period is five years. However, if some states have less than six years of retention period, the healthcare organizations need to retain the information for six years under HIPAA law.

What Happens To Medical Records After 10 Years?

After the retention period is over, the medical records won’t be destroyed instantly. This is because the data has to be transferred to the local health department’s state storage.

How Long Do Hospitals Keep Medical Records In The UK?

In the United Kingdom, medical records have to be kept for eight years after the treatment is completed or the patient’s death.

How To Get Medical Records From 40 Years Ago?

To get medical records from 40 years ago, contact the original healthcare provider, hospital, or insurance company where treatment was received. If they are no longer operational, reach out to your state’s Department of Health or relevant archival institutions.

How Long Do Clinics Keep Medical Records?

Clinics, like other healthcare organizations, follow HIPAA and federal regulations when keeping medical records (6 years minimum).

How Long do Hospitals Keep Surgical Records?

Hospitals are usually required to keep surgical records for at least 6 years from the last service date. This requirement complies with federal and state laws as well as HIPAA regulations. However, some state laws may extend the retention period over 6 years as well.

What Is a Digital Health Company?

The digital health companies help design digital care programs to improve healthcare provision and ensure the personalization of medicine.

What Is The Cost Of Developing a Health App?

In the case of a mobile app, the complete costs range up to $425,000, which includes the design, development, support, maintenance, and launch.

How to Find Old Medical Records Online?

To access old medical records online, check with the healthcare providers or hospitals where you received care. Many providers offer online patient portals where you can view and request records, or submit an application through email or in person at their facilities. 

When a Patient Dies, How Long Must the Medical Records be Kept by the Medical Facility?

According to HIPAA laws, health records must be kept for 50 years after a person is dead. However, some states only have a five to ten years span. 

How to Find Old Medical Records from Childhood?

How to get old medical records from a hospital? Find old medical records from childhood, start by collecting information about the providers and facilities where you received care. Contact parents, check old insurance records, or reach out to past doctors and hospitals.

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