Author Topic: Records retention  (Read 1564 times)

tinamclean@activeabilitie

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Records retention
« on: August 05, 2014, 08:47:50 PM »
If I sold my practice, how long do I have to retain medical records now that I am no longer in private practice.  Medicare says 10 years.
 I can't find anything in HIPAA other than I can't restrict access but it appears this is talking about current/open practices.
How long do I have to offer access to patients once the practice has closed?
Thanks so much

PMRNC

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Re: Records retention
« Reply #1 on: August 06, 2014, 06:09:41 AM »
What state are you in?

State laws generally govern how long medical records are to be retained. HIPAA however requires a covered entity to retain documentation for 6 or 7 (?) years from date of creation of the record or last entry (whichever comes first), HIPAA requirements preempt state laws ONLY if they are less strict. HIPAA generally does not include medical record retention but it does require covered entities to protect the privacy of medical reocrds and other protected health information (PHI)  I think the 10 years you are seeing from Medicare is for managed care plans,
See 42 CFR 422.504 [d][2][iii]  http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr;sid=ab240bf0e5f6388a75cbe07cc5cf1d21;rgn=div5;view=text;node=42%3A3.0.1.1.9;idno=42;cc=ecfr%29

"Medical records must be accurately written, promptly completed, accessible, properly filed and retained.
Using a system of author identification and record maintenance that ensures the integrity of the authentication and protects the security of all record entries"
is recommended.

http://www.ecfr.gov/cgi-bin/ECFR?page=browse



 
Linda Walker
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