How Long Does Hipaa Require Medical Records Be Kept?

by | Last updated on January 24, 2024

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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.

When should medical records be destroyed?

Records should be kept to

10 years after the patient turns 18 years old

. Per CMA, “in no event should a minor’s record be destroyed until at least one year after the minor reaches the age of 18.”

How long are you required to maintain your patient medical records?

The Cooperative of American Physicians (CAP) and the California Medical Association (CMA) recommend that the minimum amount of time for record retention be

10 years after the last date the patient was seen

.

What happens to medical records after 10 years?

Although many states require only seven to 10 years, your records may be kept up to 30 years after you have severed the doctor-patient relationship. … When doctors retire or hand over their practice, records are not immediately destroyed.

Records are transferred to state storage at your local health department

.

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

HIPAA’s Privacy Rule does not stipulate how long medical records should be retained. Therefore,

there is no official HIPAA medical record retention period

. Each State has its own laws which cover the retention of medical records, and there is no nationwide standard.

Should I keep old medical records?

Some experts suggest

keeping other records for five years after the end of treatment

. Be sure to shred — not just toss — anything with your personal information, such as your health insurance ID number, to help prevent medical identity theft by trash-picking crooks.

How far back do insurance companies check medical records?

When it comes to personal injury cases, insurance companies typically request

10 years

of medical history. However, in some states, doctors and medical facilities are only required to keep records for a minimum of 7 years, so they may not be able to request records back that far.

Can doctors look at their own medical records?

Being a physician does not give her/him access to their PHI on their own – as the company (practice) is responsible for ensuring the integrity of the records. ANY patient has the

right to a copy of their records

(and must request in writing) and we respect their right to their own PHI.

Who owns medical records?

There are 21 states in which the law states that medical records are

the property of the hospital or physician

. The HIPAA Privacy Rule makes it very clear that, with few exceptions, patients should be given access to their records, in a timely matter, and at a reasonable cost.

Can a patient ask for their medical records?

According to HIPAA,

patients have the right to request their records

. Other individuals can also request records on behalf of a patient. These include a parent, legal guardian, patient advocate or caregiver with written permission from the patient.

What types of PHI does HIPAA require a signed authorization?

  • Specific and meaningful information, including a description, of the information that will be used or disclosed.
  • The name (or other specific identification) of the person or class of persons authorized to make the requested use or disclosure.

Do medical records ever lose HIPAA protection?

Consequently, each Covered Entity and Business Associate is bound by state law with regards to how long medical records have to be retained rather than any specific HIPAA medical records retention period.

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.

What records need to be kept for 7 years?


Accounting Services Records

should be retained for a minimum of seven years. Accountants, being a conservative bunch, will often recommend that you keep financial statements, check registers, profit and loss statements, budgets, general ledgers, cash books and audit reports permanently.

What kind of medical records should I keep?


A family health history

(particularly parents, siblings and grandparents) A personal health history (conditions, how they’re being treated and how well they’re controlled, as well as important past information such as surgeries, accidents and hospitalizations)

Can medical records be destroyed?

Here are some suggestions from HIPAA for the destruction of medical records:

PHI in paper records may be shredded, burned, pulped, or pulverized

so the PHI is unreadable, indecipherable, and may not be reconstructed.

Kim Nguyen
Author
Kim Nguyen
Kim Nguyen is a fitness expert and personal trainer with over 15 years of experience in the industry. She is a certified strength and conditioning specialist and has trained a variety of clients, from professional athletes to everyday fitness enthusiasts. Kim is passionate about helping people achieve their fitness goals and promoting a healthy, active lifestyle.