Claire Dawson
The length of time hospitals keep records varies, with some hospitals storing records as far back as 1998. Hospitals are required to keep medical records for a minimum of six years from the date of the last treatment for adult patients. There are different requirements for minors and obstetrical records. There is no legal requirement for hospitals to maintain records beyond six years, but they may choose to do so by converting paper records into permanent digital archives.
| Characteristics | Values |
|---|---|
| Minimum retention period | 6 years from the date of the patient's last visit |
| Maximum retention period | No legal requirement, but hospitals may keep records for longer than the minimum retention period |
| Access to records | May require signing a Release of Information or a HIPPA form and paying a fee |
| Format of records | Digital or physical (paper) |
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What You'll Learn
Hospitals must retain adult patient records for at least six years
State laws govern how long records must be retained, and there are different requirements for minors and obstetrical records. For example, medical records for minors are often kept until the patient reaches the age of majority. Additionally, hospitals may have their own policies and procedures for retaining records, which may exceed the minimum legal requirements.
To access medical records, patients typically need to contact the hospital's medical records department and fill out a form or sign a release of information, such as a HIPAA authorization form in the United States. There may be a fee associated with obtaining copies of medical records, and the process may take several weeks.
It is important to note that some hospitals may have records that go back much further than six years, especially with the transition to digital record-keeping. However, older records may be more challenging to access and may require additional time and effort to retrieve from archives.
Furthermore, while there is a focus on retaining records, it is also important to mention that some hospitals and practices do routinely destroy or delete records after a certain period. This practice is often done to reduce the privacy and cost burdens associated with housing data, especially when it comes to paper records.
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There are different requirements for minors' records
The retention of medical records for minors varies across different states in the US. In New York, for instance, hospitals are required to retain the medical records of minors until they turn 21. In New Jersey, medical records of minors must be stored until they turn 23. In the District of Columbia, medical records of minors must be kept for 3 years after the patient turns 18 (i.e. until they turn 21). In North Carolina, hospitals must retain the medical records of minors until their 30th birthday. In Hawaii, the regulations are stricter, with medical records to be kept for 7 years after the last data entry, and basic information for 25 years after the last record entry. In Florida, physicians must maintain medical records for 5 years, and in Texas, for at least 7 years.
The retention of medical records for minors is influenced by various factors, including federal and state regulations, medical considerations, continuity of care, and the potential for future legal claims. The Health Insurance Portability and Accountability Act (HIPAA) also plays a role in protecting patient information and giving individuals the right to access their personal health information.
Additionally, the retention period for medical records of minors may be extended in certain circumstances, such as when there is a possibility of a malpractice lawsuit. Pediatricians should consult with their medical liability insurance carriers and malpractice insurers to ensure records are retained for the required duration. Furthermore, the retention period may be influenced by state statutes of limitations, which can vary depending on the state and the nature of the claim.
It is important to note that the laws and regulations regarding the retention of medical records for minors may change over time, and it is always advisable to refer to the most up-to-date information and consult local government legislation.
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Hospitals may keep records longer than legally required
In some cases, hospitals may have records that go back several decades. For example, one hospital employee reported being able to access electronic medical records dating back to 1998. Additionally, some hospitals may have older records stored in archives or on microfiche. These records may be more challenging to access and may require a special request and a fee to obtain.
The decision to retain records beyond the minimum requirement may be influenced by several factors. Firstly, hospitals may choose to keep records for an extended period to facilitate continuity of care and ensure they have a comprehensive understanding of a patient's medical history. Additionally, the transition to digital record-keeping has made it more feasible to store large volumes of data without incurring significant physical storage costs.
Moreover, there may be specific legal or regulatory requirements that necessitate the retention of records for an extended period. For example, certain types of records, such as baby records, research records, and CMS-managed care records, may be subject to longer retention requirements. Hospitals may also retain records for risk management purposes, as maintaining comprehensive patient information can help mitigate legal risks and ensure compliance with privacy regulations, such as HIPAA in the United States.
While hospitals may keep records longer than legally required, it is important to note that patients have a right to request their medical records at any time. Hospitals are obligated to provide patients with access to their records, although they may charge a reasonable fee for copying and processing requests. Patients can contact the medical records department of the hospital to inquire about their records and initiate the request process.
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Records are often stored digitally or on microfiche
The length of time hospitals keep records varies, and depends on the patient's age and the state in which the hospital is located. In general, hospitals are required to keep medical records for at least six years from the date of the patient's last treatment or encounter, unless the patient was under 18, in which case different requirements apply.
Some hospitals still keep records on microfiche, which is a way of storing information on cards or rolls of microfilm. Microfiche is a compact way to store large amounts of information, but it can be time-consuming to retrieve specific records. Hospitals may also keep physical records in off-site storage facilities.
To access medical records, patients usually need to contact the hospital's medical records department and fill out a form to release the information. There may be a fee for photocopying or printing the records.
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Patients can request access to their medical records
The process of requesting medical records typically involves contacting the hospital's medical records department and submitting a written request, often in the form of a Release of Protected Health Information (PHI) form. Patients may be required to provide identification and proof of entitlement before being granted access to their records. In some cases, patients may also be accompanied by one other person of their choosing during the inspection of their records.
It is important to note that patients have a right to access a broad array of health information, including medical records, billing and payment records, insurance information, clinical laboratory test results, medical images, and clinical case notes. However, certain records, such as psychotherapy notes, may be exempt from disclosure. Additionally, hospitals have the right to deny access to information that could potentially harm the patient.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy and security of individuals' health information and grants patients the legal right to access their medical records. The HIPAA Privacy Rule provides individuals with the enforceable right to receive copies of their health information upon request, with limited exceptions. Patients who encounter issues or denials when requesting their medical records can utilize the Office for Civil Rights (OCR) complaint portal and toll-free number to trigger investigations and enforce their rights.
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Frequently asked questions
Hospitals are required to keep medical records for at least six years from the date of the patient's last treatment or visit. There is no legal requirement to maintain records for longer than this, but some hospitals may keep them for longer, especially as many now keep records digitally.
Contact the hospital where the treatment took place and ask the medical records department to search for your records. You will need to sign a HIPAA form and may have to pay a fee for this service.
Hospitals can charge 75 cents per page for photocopying records. You can also request an original chart review of the medical records, which is free of charge.
Yes, there are different requirements for the records of minors (under 18) and obstetrical records.
