Medical records

[Sportsmom]

I've been ask by one of my providers about shredding medical records. I've been out of that side for a while and never did it in the state of NJ.
Is it still 7 years from last date of visit or if a minor until they are 18?
I know they have to binder with all pt.’s info listed in it.
Any help would be great. It's been a few since I did the medical records side of things. Always better to double check.
Thank you all again for your help.

[PMRNC]

NJ is 10 years. State laws on record retention supersede federal.

[dekenn]

I thought it was 7. Do you know the statute that says 10?

[PMRNC]

No, it's 10 years, I've had clients there for years as well as my attorney is located in NJ.
N.J.A.C 8:39 – 35.2(k)
Hospital discharge summaries are actually 20 years.. don't ask me why.

[dekenn]

Hmmmm... after pointing me in the right direction with the N.J.A.C. prefix, I googled the time limit for new jersey.  According to 13:35 6.5, physician office records only have to be kept for 7 years from the date of the most recent entry.
(b) Licensees shall prepare contemporaneous, permanent
professional treatment records. Licensees shall also maintain
records relating to billings made to patients and third-party
carriers for professional services. All treatment records, bills
and claim forms shall accurately reflect the treatment or
services rendered. Treatment records shall be maintained for
a period of seven years from the date of the most recent entry.

Not to question your attorney, it seems that more likely the website hasn't been updated or something, but just wondering which is right?
The statute that you quoted actually refers to nursing homes. 

[PMRNC]

7 years is the "recommended" for minor records. 10 years is for adult's and it's for   hosp/office/facility

7 years from the date of the most recent entry. N.J. Admin. Code § 13:35-6.5(b) (2008). 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).

As per my attorney there are pending legislative rules that might bump that to 15 years.  He advises to follow the 10 year for both adult/children. the 7 year rule was amended in 2004 following HIPAA in 2003.  Also we use a company that specializes in destruction of medical records and they say the same thing, 10 years. There's also an amendment done in 2008 that does not differentiate between hosp and office. He says he will find for me as well. He also offered up the advice.. "If questioning, go with the longer"  I also place it in my contract under our responsibilities that we retain all of our source documents for a period of 10 years.