Hospitals Destroy Medical Records
Hospitals destroy medical records as each state passed Medical Records Retention Laws as noted in the table below. There are many hospitals and doctors offices that do not destroy their records but may have misplaced them. We can help you find these missing records.
In addition to HIPAA, healthcare organizations must comply with state-specific medical records retention laws. These laws may vary in terms of retention periods and requirements, so it is crucial to understand the regulations in your jurisdiction. For instance, some states mandate a longer retention period for specific types of records, such as those involving minors or substance abuse treatment.
State | Law, Code, Or Regulation | Doctors | Hospitals | |
Alabama | ALA. ADMIN. CODE r. 420-5-7-.13 | As long as may be necessary to treat the patient and for medical legal purposes. | 5 years | |
Alaska | ALASKA STAT. § 18.20.085 | 6 years as stipulated by HIPAA | Adult patients: :
7 Years after patient discharge Minor patients: (Under 19): 7 Years after discharge or 21, whichever is longer. |
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Arizona | ARIZ. REV. STAT. ANN. § 12-2297 | Adult patients: 6 years after the last date of services.
Minor patients: 6 years after the last date of services, or until patient reaches the age of 21. |
Adult patients:
6 years after the last date of services. Minor patients: 6 years after the last date of services, or 21 whichever is longer. |
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Arkansas | ARK. CODE R. § 007.05.17 | 6 years as stipulated by HIPAA. | Adult patients:
10 years after the last discharge, but master patient index data must be kept permanently. Minor patients: 2 years after majority |
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California | 22 CA ADC §70751 | 6 years as stipulated by HIPAA. | Adult patients:
7 years after discharge. Minor patients: 7 years after discharge or 1 year after the patient reaches 18 |
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Colorado | 6 COLO. CODE REGS. § 1011-1: IV-8.102 | 6 years as stipulated by HIPAA. | 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). |
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Connecticut | CONN. AGENCIES REGS § 19-13-D3 | 7 years from the last date of treatment, or, upon the death of the patient, for 3 years. | 10 years after the patient has been discharged. | |
Delaware | DEL. CODE ANN. tit. 24 § 1761 | 7 years from the last entry date on the patient’s record. | 6 years as stipulated by HIPAA. | |
Disctrict of Columbia | § 3–1210.11. | 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 |
10 years following the date of discharge | |
Florida | FLA. ADMIN. CODE ANN. r. 64B8-10.002 | 5 years from the last patient contact. | Public hospitals: 7 years after the last entry. | |
Georgia | GA. COMP. R. & REGS. § 111- 8-40-.18 | 10 years from the date the record item was created. | Adult patients:
5 years after the date of discharge. Minor patients: 5 years after majority (i.e., until patient turns 23). |
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Hawaii | HAW. REV. STAT. § 622-58 | Adult patients: Full medical records: 7 years after last data entry. Basic information: 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. |
Adult patients: Full medical records:
7 years after last data entry. Basic information: 25 years after the last record entry. Minor patients: Full medical records: 7 years after the minor reaches majority (i.e., until patient turns 25). Basic information: 25 years after the minor reaches majority (i.e., until patient turns 43). |
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Idaho | IDAHO CODE ANN. § 39- 1394 | 6 years as stipulated by HIPAA. | Clinical laboratory test records and reports:
5 years after the date of the test. |
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Illinois | 210 ILL. COMP. STAT. § 85/6.17 | 6 years as stipulated by HIPAA | 10 years. | |
Indiana | IND. CODE § 16-39-7-1 | 7 Years. | 7 Years. | |
Iowa | IOWA ADMIN. CODE R. 653-13.7(8) | 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). |
6 years as stipulated by basic HIPAA regulations. | |
Kansas | KAN. ADMIN. REGS. § 28- 34-9a | 10 years from when professional service was provided. | 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 majority. |
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Kentucky | 902 KY. ADMIN. REGS. 20:275 | 6 years as stipulated by basic HIPAA regulations. | Adult patients:
5 years from date of discharge. Minor patients: 5 years from date of discharge or 3 years after the patient reaches majority. |
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Louisiana | LA. REV. STAT. ANN.§ 40:1165.1 | 6 years from the date a patient is last treated. | 10 years from the date a patient is discharged. | |
Maine | 22 MRS §1711 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 7 years.
Minor patients: 6 years past majority. Patient logs and written x-ray reports— permanently. |
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Maryland | MD. CODE REGS. §10.01.16.04 | 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. |
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. |
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Massachusetts | 243 MASS. CODE REGS. § 2.07 | 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. |
30 years after the discharge or final treatment of
the patient. |
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Michigan | MICH. COMP. LAWS § 333.16213 | 7 years from the from the date of the patient’s discharge or last treatment. | 7 years from the from the date of the patient’s
discharge or last treatment. |
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Minnesota | MINN. STAT. § 145.32 | 6 years as stipulated by HIPAA | Most medical records: Permanently (in microfilm). Miscellaneous documents:
Adult patients: 7 years. Minor patients: 7 years following majority. |
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Mississippi | MISS. CODE ANN. § 41-9- 69 | 6 years as stipulated by basic HIPAA regulations. | Adult patients:
Discharged in sound mind: 10 years. Discharged at death: 7 years.(2) Minor patients: For the period of minority plus 7 years.(3) |
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Missouri | MO. REV. STAT. § 334.097 | 7 years from the date the last professional service was provided. | Adult patients: 10 years.
Minor patients: 10 years or until patient’s 23rd birthday, whichever occurs later. |
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Montana | MONT. CODE ANN. § 50-16-513and MONT. CODE ANN. § 50-16-513 | 6 years as stipulated by HIPAA. | 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. |
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Nebraska | 175 NEB. ADMIN CODE §9-006 | 6 years as stipulated by basic HIPAA regulations. | Adult patients:
10 years following a patient’s discharge. Minor patients: (i.e., until patient turns 22), whichever is longer. |
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Nevada | NEV. REV. STAT. § 629.051 | 5 years after receipt or production of health care record. | 5 years after receipt or production of health care
record. |
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New Hampshire | N.H. CODE ADMIN. R. ANN. He-P 802.20 | 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. | Adult patients: 7 years after a patient’s discharge.
Minor patients: 7 years or until the minor reaches age 19, whichever is longer. |
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New Jersey | N.J. STAT. ANN. § 26:8-5 | 7 years from the date of the most recent entry. | Adult patients:
10 years following the most recent discharge. Minor patients: 10 years following the most recent discharge or until the patient is 23, whichever is longer. Discharge summary sheets (all) 20 years after discharge.
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New Mexico | N.M. CODE R. § 16.10.17.10 | 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). |
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). |
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New York | N.Y. COMP. CODES R. & REGS. § 405.10 | 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). |
Adult patients:
6 years from the date of discharge. Minor patients: 6 years from the date of discharge or 3 years after 18 years (i.e., until patient turns 21) whichever is longer. Deceased patients – At least 6 years after death. |
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North Carolina | 10A N.C. ADMIN. CODE §13B.3903 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 11 years following discharge.
Minor patients: Until the patient’s 30th birthday. |
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North Dakota | N.D. ADMIN. CODE § 33-07-01.1-20 | 6 years as stipulated by basic HIPAA regulations. | 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. |
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Ohio | None | 6 years as stipulated by HIPAA | 6 years as stipulated by HIPAA | |
Oklahoma | OKLA. ADMIN. CODE §310:667-19-14 | 6 years as stipulated by basic HIPAA regulations. | Adult patients: 5 years beyond the date the
patient was last seen. Minor patients: 3 years past majority (i.e., until the patient turns 21). Deceased patients 3 years beyond the date of death. |
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Oregon | OAR 333-505-0050 | 6 years as stipulated by basic HIPAA regulations. | 10 years after the date of last discharge. Master patient index—permanently. | |
Pennsylvania | 28 PA. CODE § 115.23 | 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. |
Adult patients: 7 years following discharge.
Minor patients: 7 years after the patient attains majority(5) or as long as adult records would be maintained. |
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Puerto Rico | None | 6 years as stipulated by HIPAA. | 6 years as stipulated by basic HIPAA. | |
Rhode Island | 230-RICR-20-60-4 | 5 years unless otherwise required by law or regulation. | Adult patients: 5 years following discharge
Minor patients: 5 years after patient reaches the age of 18 years (i.e., until patient turns 23). |
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South Carolina | S.C. CODE ANN. § 44-115-120 | Adult patients: 10 yearsfrom the date of last treatment.
Minor patients: 13 yearsfrom the date of last treatment. |
Adult patients: 10 years.
Minor patients: Until the minor reaches 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). |
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South Dakota | S.D. Codified Laws § 36-4-38 | When records have become inactive or for which the whereabouts of the patient are unknown to the physician. | Adult patients:
10 years from the actual visit date of service or resident care. Minor patients: 10 years from the actual visit date of service or resident care or until the minor reaches age of majority plus 2 years (i.e., until patient turns 20),whichever is later. |
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Tennessee | Tenn. Comp. R. & Regs. 0880-02-.15 | 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 later. |
Adult patients:
10 years following the discharge or death during the patient’s period of treatment within the hospital. 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 later. |
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Texas | 22 TEX. ADMIN. CODE § 165.1 | Adult patients: 7 yearsfrom 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. |
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 oruntil the patient reaches age 20, whichever date is later. |
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Utah | UTAH ADMIN. CODE §432-100-33 | 6 years as stipulated by HIPAA. | 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. |
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Vermont | 12-5-14 VT. CODE R. §946 | 6 years as stipulated by HIPAA. | 10 years. | |
Virginia | 18 VA. ADMIN. CODE § 85-20-26 & 12 VA. ADMIN. CODE § 5-410-370 | 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. |
Adult patients: 5 years following patient’s
discharge. Minor patients: 5 years after patient reaches age 18 (i.e., until the patient reaches 23). |
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Washington | WASH. REV. CODE § 70.41.190 | 6 years as stipulated by basic HIPAA regulations. | 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 18 (i.e., until the patient turns 21) whichever is longer. |
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West Virginia | H. B. 4396 | 6 years as stipulated by HIPAA. | 6 years as stipulated by HIPAA. | |
Wisconsin | WIS. ADMIN. CODE DHS Med 21.03 | 5 years from the date of the last entry in the record. | 5 years. | |
Wyoming | WYO. STAT. ANN. § 35-2-606 | 6 years as stipulated by HIPAA. | 6 years as stipulated by HIPAA. | |
Source:
https://www.healthit.gov/sites/default/files/appa7-1.pdf
Important: The information contained within this page is provided as a reference with the understanding that this page and all authors of content, are not rendering legal information or advice. The information provided about state medical record retention laws is accurate to the date of publication and subject to change frequently. For more information on any law, consult your states official website.