In an ongoing business or practice, this is where most of the consideration happens. Beyond the legal requirements, there are several compelling reasons to store closed practice records due to the operational needs of the records. Some states are vague or even silent on how long to retain medical records for closed practices. If your state’s general medical record retention requirement is less than 10 years, but your record set has a meaningful number of Medicare or Medicaid charts, you should consider storing the records for the longer term, or at least separating out the records with different retention to reduce storage costs. Centers for Medicare & Medicaid Services (CMS) currently requires 10-year retention for these records. Statutory requirements that supersede state guidelinesĪnother regulatory factor that impacts the retention of medical records is whether the records include Medicare or Medicaid patients. It’s important to understand all the types of records a medical practice or facility may have and allow that to shape your retention decisions. In these cases, at least some of the records may require longer retention than what is indicated by general state guidelines. Examples include records involving pediatrics, pathology specimens, mammography, immunization, or situations where prior litigation exists. In researching the retention policy for your state, you may first encounter a general retention policy for medical records, but potential exceptions to the general policy may not be clearly listed. While HIPAA laws state that many of the various record types involved in managing a medical practice must be stored for six years, there is no HIPAA retention standard for medical records alone. One common misconception about retention is that there are rules governing retention policies at the federal level. However, there are often other factors which can affect the length of time for storage. As you investigate regulatory requirements for medical records, consider the following:ĭepending on the state where the practice is located, a quick search about retention on the internet may reveal what seems to be the correct answer. Spend time researching industry-specific information related to your records, and that generally establishes the floor of retention requirements. However, once you’ve conducted the proper research, you’ll find that regulatory requirements are relatively straightforward and reasonably relaxed. There is no one-size-fits-all approach to retention, but as you move through the aforementioned steps, there are three important areas to consider.Įnsuring that you’ve satisfied all legal and regulatory requirements for retaining medical records can seem daunting at first, as there are many variables. And finally, you must gather enough information to make reasonable decisions. Then you must consider the business functions those records support. The first step in determining how long to keep your medical records is to identify the records that you have. When a good faith effort is not made, there is a case for incompetence or neglect. When a reasonable request is made, there is an ethical obligation to produce the record. If records are discarded too soon, it may result in the stakeholder not being served properly. It’s important to consider the interests of all stakeholders when closing a practice or medical facility - patients, employees, shareholders, and others will need access to the records once the facility has closed. Their dedication to the practice of medicine and to their patients is also influenced by the Hippocratic Oath. In the medical world, physicians (and those acting on behalf of them) have a moral obligation beyond that. These decisions are shaped by the business theory of stakeholder ethics. Retention policies exist to protect various stakeholders. Adding the pressure of winding down a practice or facility can make it an overwhelming task. Often, retention policies are complex and designed to adhere to standards that can seem inarticulate or vague. When a medical practice closes, most administrators find themselves asking the same question: “How long do I need to keep the medical records?” Regardless of industry or closure status, the word retention typically conjures up feelings of stress and panic.
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