Federal Requirements For Storage Of Medical Records

Medical records retention laws by state.

Federal requirements for storage of medical records.

Guidance on records storage facility required actions. Each state has different requirements for how long healthcare practitioners should keep certain records. Storage of records shall provide for prompt retrieval when needed for continuity of care. However it does state that a medical record must be retained for 6 years from the date of its creation or the date it was last in effect whichever is later.

Look at the table below to see a state by state medical retention breakdown of laws. Hipaa is a federal law which requires your medical records to be retained for 6 years at a federal level. While requirements vary state by state common records to retain include. State medical records laws medical records privacy laws outline patients rights to secrecy of their medical information and the circumstances under which that information may or must be disclosed.

The head of each federal agency shall make and preserve records containing adequate and proper documentation of the organization functions policies decisions procedures and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the government and of. The centers for medicare medicaid services cms requires records of providers submitting cost reports to be retained in their original or legally reproduced form for a period of at least 5 years after the closure of the cost report. Choose a link from the list below for state specific laws on privacy of medical records including who may access medical records what. Records stored in agency office space.

At your organization you must create and document a record retention schedule and set up your record management procedures to streamline retention and quick disposal efforts. Records management by agency heads. Hipaa privacy rule doesn t give specific retention times for the various types of medical records. Records stored in an agency operated records center.

Records stored in a commercial records storage facility. Medical records and protected health information phi financial records like auditor s reports employee payroll records financial statements and general ledgers. This requirement is available at 42 cfr 482 24 b. H patient health records shall be filed in an accessible manner in the facility or in health record storage.

A provider cannot deny you a copy of your records because you have not paid for the services you have received. Most states also have their own medical retention laws which can be more stringent than hipaa stipulates. Records stored in a national archives and records administration nara federal records center. Health records can be stored off the facility premises only with the prior approval of the department.

General record retention guidelines.