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Medical Records Retention Laws by State 2023

Medical Records Retention Laws by State 2023

Federal Stance on Medical Records

Federal requirements set a minimum of 6 years for both hospital and medical records. This is the basic HIPAA regulation, but some states do not use this as a guideline. Most states do adhere to this rule though, and often are more stringent or at par in terms of their legislature. Federal guidelines also set the basic structure for the necessary destruction of records, such as those that have to do with abortions, ambulatory services, rehabilitation, veteran affairs, diagnostics, and comprehensive outpatient facilities.

States With More Stringent Retention Periods

As with most healthcare requirements, there are general rules and guidelines that are set on a federal level to ensure each state can build upon this structure. Some states prefer to keep it simple and follow federal guidelines, while others have different interpretations or more stringent rules.

Connecticut, for instance, is much more stringent in its approach to the law. While certain states adopt the HIPAA guideline that 6 years is enough, Connecticut adopts the approach that medical records must be held for 7 years from the last date of treatment. If the person were to be deceased, then their records could be retained for 3 years before disposing of the information.

Hospital records are usually more uniform in their requirements, outlining a specific time and date. Many states, such as Connecticut, Illinois, and Louisiana require records to be held for up to 10 years after the patient is discharged, treated, or contacted. Other states, such as Hawaii, fully disclosed exactly what types of medical documentation should be on the record, and for how long. Full medical records must be kept at the hospital up to 7 years after the last entry of data, but basic information must be kept for up to 25 years following the final entry.

There are usually different retention periods for the records of minors. Many of these limits are tied to the age of the patient; most records will be retained until age 18, 19, or 21. Some states have higher limits, as high as 28 years in Colorado.

States With More Relaxed Retention Periods

In some jurisdictions, medical doctors are allowed to practice their vocation as they see fit. Alabama stipulates that medical doctors must retain all medical records for as long as necessary to treat the patient, both for medical and legal purposes. This is an extremely vague interpretation that may be disputable in court. However, it allows medical professionals to properly utilize their expertise as to what standards and practices they can set for their clinic.

While it is extremely uncommon for a state not to directly specify a time frame, it does exist beyond Alabama. South Dakota is most vague, stipulating that records can be dismissed if they have become inactive, or when the whereabouts of the patient have become unknown to the physician.

New Mexico is another interesting case, which requires medical professionals to keep records for two years beyond the requirement of state insurance laws, and Medicaid and Medicare requirements. For minors, it is 2 years after the patient turns legal age, usually meaning 20 years of age. This is similar to Wyoming, where doctors must keep medical records for three years.

Medical Records Retention Laws by State 2023

Note: All retention times begin on the date upon which the recorded medical service was rendered. Retention times vary depending upon the age of the patient and whether the record is held by a doctor or a hospital.

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State
Doctors For Adult Patients
Doctors For Minor Patients
Hospitals For Adult Patients
Hospitals For Minor Patients
Notes
Alaska6 years6 years7 Years7 YearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 7 Years after patient discharge. Minor Patients (Under 19): 7 Years after discharge or when the patient reaches the age of 21, whichever is longer [Alaska Stat. § 18.20.085(a) (2008)].
Arizona6 years6 years6 years6 yearsDoctors: Adult patients: 6 years after the last date of services from the provider. Minor patients: 6 years after the last date of services from the provider, or until patient reaches the age of 21, whichever is longer. [Ariz. Rev. Stat. § 12-2297 (2008).] Hospitals: Adult patients: 6 years after the last date of services from the provider. Minor patients: 6 years after the last date of services from the provider, or until patient reaches the age of 21 whichever is longer [Ariz. Rev. Stat. § 12-2297 (2008)].
Arkansas6 years6 years10 year2 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 10 years after the last discharge, but master patient index data must be kept permanently. Minor patients: Complete medical records must be retained 2 years after the age of majority (i.e., until patient turns 20) [016 24 Code Ark. Rules and Regs. 007 § 14(19) (2008)].
California6 years6 years7 years7 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 7 years following discharge of the patient. Minor patients: 7 years following discharge or 1 year after the patient reaches the age of 18 (i.e., until patient turns 19) whichever is longer [Cal. Code Regs. tit. 22, § 70751(c) (2008)].
Colorado6 years6 years10 years10 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 10 years after the most recent patient care usage. Minor patients: 10 years after the patient reaches the age of majority (i.e., until patient turns 28) [6 Colo. Code Regs. § 1011-1, chap. IV, 8.102 (2008)].
Connecticut7 years7 years10 years10 yearsDoctors: 7 years from the last date of treatment, or, upon the death of the patient, for 3 years [Conn. Agencies Regs. § 19a-14-42 (2008)]. Hospitals: 10 years after the patient has been discharged [Conn. Agencies Regs. §§ 19-13-D3(d)(6) (2008)].
Delaware7 years7 years6 years6 yearsDoctors: 7 years from the last entry date on the patient’s record [Del. Code Ann. tit. 24, §§ 1761 and 1702 (2008)]. Hospitals: 6 years as stipulated by basic HIPAA regulations.
District of Columbia3 years3 years10 year10 yearDoctors: Adult Patients: 3 years after last seeing the patient. Minor patients: 3 years after last seeing the patient or 3 years after patient reaches the age of 18 (i.e., until patient turns 21) [D.C. Mun. Regs. tit. 17, § 4612.1 (2008)]. Hospitals: 10 years following the date of discharge of the patient [D.C. Mun. Regs. tit. 22, § 2216 (2008)].
Florida5 years5 years7 years7 yearsDoctors: 5 years from the last patient contact [Fla. Admin. Code Ann. 64B8-10.002(3) (2008)]. Hospitals: Public hospitals: 7 years after the last entry. Florida Department of State, General Records Schedule GS4 for Public Hospitals, Health Care Facilities and Medical Providers, (2007), http://dlis.dos.state.fl.us/barm/genschedules/GS04.pdf (accessed September 12, 2008).
Georgia10 years10 years5 years5 yearsDoctors: 10 years from the date the record item was created [Ga. Code Ann. § 31-33-2(a)(1)(A) and (B)(i) (2008)]. Hospitals: Adult patients: 5 years after the date of discharge. Minor patients: 5 years past the age of majority (i.e., until patient turns 23) [Ga. Code Ann. §§ 31-33-2(a)(1)(B)(ii) (2008); 31-7-2 (2008) (granting the department regulatory authority over hospitals) and Ga. Comp. R. & Regs. 290-9-7-.18 (2008)].
Hawaii7 years7 years7 years7 yearsDoctors: Adult patients: Full medical records: 7 years after last data entry. Basic information (i.e., patient’s name, birth date, diagnoses, drugs prescribed, x-ray interpretations): 25 years after the last record entry. Minor patients: Full medical records: 7 years after the patient reaches the age of majority (i.e., until patient turns 25). Basic information: 25 years after the minor reaches the age of majority (i.e., until patient turns 43) [Haw. Rev. Stat. § 622-58 (2008)]. Hospitals: Adult patients: Full medical records: 7 years after last data entry. Basic information (i.e., patient’s name, birth date, diagnoses, drugs prescribed, xray interpretations): 25 years after the last record entry. Minor patients: Full medical records: 7 years after the minor reaches the age of majority (i.e., until patient turns 25). Basic information: 25 years after the minor reaches the age of majority (i.e., until patient turns 43) [Haw. Rev. Stat. § 622-58 (2008)].
Idaho6 years6 years5 years5 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Clinical laboratory test records and reports: 5 years after the date of the test [Idaho Code Ann. § 39-1394 (2008)].
Illinois6 years6 years10 years10 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: 10 years [210 Ill. Comp. Stat. 85/6.17(c) (2008)].
Indiana7 years7 years7 years7 yearsDoctors: 7 Years. [Burns Ind. Code Ann. § 16-39-7-1 (2008)]. Hospitals: 7 Years. [Burns Ind. Code Ann. § 16-39-7-1 (2008)].
Iowa7 years1 years6 years6 yearsDoctors: Adult patients: 7 years from the last date of service. Minor patients: 1 year after the minor attains the age of majority (i.e., until patient turns 19) [See Iowa Admin. Code r. 653-13.7(8) (2008); Iowa Code § 614.8 (2008)]. Hospitals: 6 years as stipulated by basic HIPAA regulations.
Kansas10 years10 years10 years10 yearsDoctors: 10 years from when professional service was provided. [Kan. Admin. Regs. § 100-24-2 (a) (2008)]. Hospitals: Adult patients: Full records: 10 years after the last discharge of the patient. Minor patients: Full records: 10 years or 1 year beyond the date that the patient reaches the age of majority (i.e., until patient turns 19) whichever is longer. Summary of destroyed records for both adults and minors—25 years [Kan. Admin. Regs. § 28-34-9a (d)(1) (2008)].
Kentucky6 years6 years5 years5 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 5 years from date of discharge. Minor patients: 5 years from date of discharge or 3 years after the patient reaches the age of majority (i.e., until patient turns 21) whichever is longer [902 Ky. Admin. Regs. 20:016 (2007)].
Louisiana6 years6 years10 years10 yearsDoctors: 6 years from the date a patient is last treated. [La. Rev. Stat. Ann. § 40:1299.96(A)(3)(a) (2008)]. Hospitals: 10 years from the date a patient is discharged [La. Rev. Stat. Ann. § 40:2144(F)(1) (2008)].
Maine6 years6 years7 years6 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 7 years. Minor patients: 6 years past the age of majority (i.e., until patient turns 24) [10-144 Me. Code R. Ch. 112, § XII.B.1 (2008)]. Patient logs and written x-ray reports—permanently [10-144 Me. Code R. Ch. 112, § XV.C.5 (2008)].
Maryland5 years5 years5 years5 yearsDoctors: Adult patients: 5 years after the record or report was made. Minor patients: 5 years after the report or record was made or until the patient reaches the age of majority plus 3 years (i.e., until patient turns 21), whichever date is later. [MD. Code Ann., Health–Gen. §§ 4-403(a)–(c) (2008)]. Hospitals: Adult patients: 5 years after the record or report was made. Minor patients: 5 years after the report or record was made or until the patient reaches the age of majority plus 3 years (i.e., until patient turns 21), whichever date is later [MD. Code Ann., Health–Gen. §§ 4-403(a)–(c) (2008)].
Massachusetts7 years7 years30 years30 yearsDoctors: Adult patients: 7 years from the date of the last patient encounter. Minor patients: 7 years from date of last patient encounter or until the patient reaches the age of 9, whichever is longer. [243 Mass. Code Regs. 2.07(13)(a) (2008)]. Hospitals: 30 years after the discharge or the final treatment of the patient [Mass. Gen. Laws ch. 111, § 70 (2008)].
Michigan7 years7 years7 years7 yearsDoctors: 7 years from the date of service. [Mich. Comp. Laws § 333.16213 (2008)]. Hospitals: 7 years from the date of service [Mich. Comp. Laws § 333.20175 (2008)].
Minnesota6 years6 years7 years7 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Most medical records: Permanently (in microfilm). Miscellaneous documents: Adult patients: 7 years. Minor patients: 7 years following the age of majority (i.e., until the patient turns 25) [Minn. Stat. § 145.32 (2007) and Minn. R. 4642.1000 (2007)].
Mississippi6 years6 years10 years7 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: Discharged in sound mind: 10 years. Discharged at death: 7 years. Minor patients: For the period of minority plus 7 years [Miss. Code Ann. § 41-9-69 (2008)].
Missouri7 years7 years10 years10 yearsDoctors: 7 years from the date the last professional service was provided. [Mo. Rev. Stat. § 334.097(2) (2008)]. Hospitals: Adult patients: 10 years. Minor patients: 10 years or until patient’s 23rd birthday, whichever occurs later [Mo. Code Reg. tit. 19, § 30-094(15) (2008)].
Montana6 years6 years10 years10 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: Entire medical record—10 years following the date of a patient’s discharge or death. Minor patients: Entire medical record—10 years following the date the patient either attains the age of majority (i.e., until patient is 28) or dies, whichever is earlier. Core medical record must be maintained at least an additional 10 years beyond the periods provided above [Mont. Admin. R. 37.106.402 and (2007)].
Nebraska6 years6 years10 years10 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 10 years following a patient’s discharge. Minor patients (under 19): 10 years or until 3 years after the patient reaches age of majority (i.e., until patient turns 22), whichever is longer [Neb. Admin. Code 175 § 9-006.07A5 (2008)].
Nevada5 years5 years5 years5 yearsDoctors: 5 years after receipt or production of health care record. [Nev. Rev. Stat. § 629.051 (2007).] Hospitals: 5 years after receipt or production of health care record [Nev. Rev. Stat. § 629.051 (2007)].
New Hampshire7 years7 years7 years7 yearsDoctors: 7 years from the date of the patient’s last contact with the physician, unless the patient has requested that the records be transferred to another health care provider. [N.H. Code Admin. R. Ann. Med 501.02(f)(8) (2008)]. Hospitals: Adult patients: 7 years after a patient’s discharge. Minor patients: 7 years or until the minor reaches age 19, whichever is longer [N.H. Code Admin. R. Ann. He-P 802.06(h) (1994)].
New Jersey7 years7 years10 years10 yearsDoctors: 7 years from the date of the most recent entry. [N.J. Admin. Code § 13:35-6.5(b) (2008)]. Hospitals: Adult patients: 10 years following the most recent discharge. Minor patients: 10 years following the most recent discharge or until the patient is 23 years of age, whichever is longer. Discharge summary sheets (all) 20 years after discharge [N.J. Stat. Ann. § 26:8-5 (2008)].
New Mexico2 Years2 Years10 Years1 yearDoctors: Adult patients: 2 years beyond what is required by state insurance laws and by Medicare and Medicaid requirements. Minor patients: 2 years beyond the date the patient is 18 (i.e., until the patient turns 20) [N.M. Code R. § 16.10.17.10 (C) (2008)]. Hospitals: Adult patients: 10 years following the last treatment date of the patient. Minor patients: Age of majority plus 1 year (i.e., until the patient turns 19) [N.M. Stat. Ann. § 14-6-2 (2008); N.M. Code R. § 7.7.2.30 (2008)].
New York6 years6 years6 years3 yearDoctor: Adult patients: 6 years. Minor patients: 6 years and until 1 year after the minor reaches the age of 18 (i.e., until the patient turns 19) [N.Y. Education § 6530 (2008) (providing retention requirements in the definitions for professional misconduct of physicians)]. Hospitals: Adult patients: 6 years from the date of discharge. Minor patients: 6 years from the date of discharge or 3 years after the patient reaches 18 years (i.e., until patient turns 21), whichever is longer. Deceased patients: At least 6 years after death [N.Y. Comp. Codes R. & Regs. tit. 10, § 405.10(a)(4) (2008)].
North Carolina6 years6 years11 yearsUntil 30th birthdayDoctor: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 11 years following discharge. Minor patients: Until the patient’s 30th birthday [10 A N.C. Admin. Code 13B.3903(a), (b) (2008)].
North Dakota6 years6 years10 years10 yearsDoctor: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 10 years after the last treatment date. Minor patients: 10 years after the last treatment date or until the patient’s 21st birthday, whichever is later [N.D. Admin. Code 33-07-01.1-20(1)(b) (2007)].
Ohio6 years6 years6 years6 yearsDoctor: 6 years as stipulated by basic HIPAA regulations. Hospitals: 6 years as stipulated by basic HIPAA regulations.
Oklahoma6 years6 years5 years3 yearsDoctor: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 5 years beyond the date the patient was last seen. Minor patients: 3 years past the age of majority (i.e., until the patient turns 21). Deceased patients: 3 years beyond the date of death [Okla. Admin. Code § 310:667-19-14 (2008)].
Oregon6 years6 years10 years10 yearsDoctor: 6 years as stipulated by basic HIPAA regulations. Hospitals: 10 years after the date of last discharge. Master patient index—permanently [Or. Admin. R. 333-505-0050(9) and (15) (2008)].
Pennsylvania7 years7 years7 years7 yearsDoctor: Adult patients: At least 7 years following the date of the last medical service. Minor patients: 7 years following the date of the last medical service or 1 year after the patient reaches age 21 (i.e.: until patient turns 22), whichever is the longer period. [49 Pa. Code § 16.95(e) (2008)]. Hospitals: Adult patients: 7 years following discharge. Minor patients: 7 years after the patient attains majority or as long as adult records would be maintained [28 Pa. Code § 115.23 (2008)].
Rhode Island5 years5 years5 years5 yearsDoctor: 5 years unless otherwise required by law or regulation. [R.I. Code R.14-140-031, § 11.3 (2008)]. Hospitals: Adult patients: 5 years following discharge of the patient [R.I. Code R. 14 090 007 § 27.10 (2008)]. Minor patients: 5 years after patient reaches the age of 18 years (i.e., until patient turns 23) [R.I. Code R. 14 090 007 § 27.10.1 (2008)].
South Carolina10 years13 years10 years10 yearsDoctor: Adult patients: 10 years from the date of last treatment. Minor patients: 13 years from the date of last treatment. [S.C. Code Ann. § 44-115-120 (2007)]. Hospitals: Adult patients; 10 years. Minor patients: Until the minor reaches age 18 and the “period of election” expires, which is usually 1 year after the minor reaches the age of majority (i.e., usually until patient turns 19) [S.C. Code Ann. Regs. 61-16 § 601.7(A) (2007) and S.C. Code Ann. § 15-3-545 (2007)].
Tennessee10 years10 years10 years10 yearsDoctor: Adult patients: 10 years from the provider’s last professional contact with the patient. Minor patients: 10 years from the provider’s last professional contact with the patient or 1 year after the minor reaches the age of majority (i.e., until patient turns 19), whichever is longer [Tenn. Comp. R. & Regs. 0880-2-.15 (2008)]. Hospitals: Adult patients: 10 years following the discharge of the patient or the patient's death during the patient's period of treatment within the hospital [Tenn. Code Ann. § 68-11-305(a)(1) (2008)]. Minor patients: 10 years following discharge or for the period of minority plus at least one year (i.e., until patient turns 19), whichever is longer [Tenn. Code Ann. § 68-11-305(a)(2) (2008)].
Texas7 years7 years10 years10 yearsDoctors: Adult patients: 7 years from the date of the last treatment. Minor patients: 7 years after the date of the last treatment or until the patient reaches age 21, whichever date is later [22 Tex. Admin. Code § 165.1(b) (2008)]. Hospitals: Adult patients: 10 years after the patient was last treated in the hospital. Minor patients: 10 years after the patient was last treated in the hospital or until the patient reaches age 20, whichever date is later [Tex. Health & Safety Code Ann. § 241.103 (2007); 25 Tex. Admin. Code § 133.41(j)(8) (2008)].
Utah6 years6 years7 years7 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 7 years. Minor patients: 7 years or until the minor reaches the age of 18 plus 4 years (i.e., patient turns 22), whichever is longer [Utah Admin. Code r. 432-100-33(4)(c) (2008)].
Vermont6 years6 years10 years10 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: 10 years [Vt. Stat. Ann. tit. 18, § 1905(8) (2007)].
Virginia6 years6 years5 years5 yearsDoctors: Adult patients: 6 years after the last patient contact. Minor patients: 6 years after the last patient contact or until the patient reaches age 18 (or becomes emancipated), whichever time period is longer [18 Va. Admin. Code § 85-20-26(D) (2008)]. Hospitals: Adult patients: 5 years following patient’s discharge. Minor patients: 5 years after patient has reached the age of 18 (i.e., until the patient reaches age 23) [12 Va. Admin. Code § 5-410-370 (2008)].
Washington6 years6 years10 years10 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: Adult patients: 10 years following the patient’s most recent hospital discharge. Minor patients: 10 years following the patient’s most recent hospital discharge or 3 years after the patient reaches the age of 18 (i.e., until the patient turns 21) whichever is longer [Wash. Rev. Code § 70.41.190 (2008)].
West Virginia6 years6 years6 years6 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: 6 years as stipulated by basic HIPAA regulations.
Wisconsin5 years5 years5 years5 yearsDoctors: 5 years from the date of the last entry in the record [Wis. Admin. Code Med. § 21.03 (2008)]. Hospitals: 5 years [Wis. Admin. Code Health & Family Services §§ 124.14(2)(c), 124.18(1)(e) (2008)].
Wyoming6 years6 years6 years6 yearsDoctors: 6 years as stipulated by basic HIPAA regulations. Hospitals: 6 years as stipulated by basic HIPAA regulations.
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Medical Records Retention Laws by State 2023

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