Medical Records Retention Guide (Updated for 2025)

Retention Laws, HIPAA Compliance, and Effective Healthcare Management

Medical Records Retention Guide

Medical records retention plays a key role in protecting patient information, supporting quality care, and ensuring compliance with healthcare regulations.

An effective retention schedule helps healthcare providers stay organized, maintain data security, and meet legal and ethical obligations.

In this guide, we’ll outline the various medical records retention requirements, explain how HIPAA impacts recordkeeping, and share a few best practices for managing medical records.

Following these guidelines can help your practice stay compliant, simplify record management, and reduce the risk of privacy violations.

Quick Links:

  1. What is Medical Records Retention?
  2. Why is Medical Record Retention It Important?
  3. HIPAA’s Role In Records Retention
  4. State Specific Medical Retention Laws
  5. Best Practices For Managing Medical Records
  6. Key Components of an Effective Medical Retention Policy
  7. How To Create and Implement a Medical Record Retention Schedule
  8. Secure and Compliant Record Destruction
  9. The Role of Electronic Health Records (EHR) in Medical Records Retention

What is Medical Records Retention?

Medical records retention refers to the practice of storing patient health information (PHI) for a legally required period of time. This includes both paper and electronic records that contain private medical details such as diagnoses, treatments, clinical notes, lab results, and medical history.

Proper medical records retention supports continuity of care and helps providers meet the demands of a complex healthcare system. It’s essential for long-term patient treatment and for responding to situations like malpractice claims, licensing board reviews, or billing audits.

Why is Medical Records Retention Important?

Medical records retention is an important responsibility for every healthcare provider. Here’s why it matters:

Legal Compliance

Healthcare providers are required to follow both state and federal laws for storing and disposing of PII and PHI. Failing to comply with these requirements can lead to penalties, fines, and legal complications.

Continuity of Care

Accurate records make it easier for providers to share information, coordinate care, and make informed decisions that lead to better outcomes for patients.

Operational Efficiency

Well-organized records save time, reduce clutter, and make it easier to access the information you need when you need it.

Risk Management

Clear medical records retention and destruction policies reduce the risk of privacy violations and protects your practice from legal issues tied to mishandled records.

HIPAA Compliance

Keeping patient information secure and private is a top priority in healthcare. Closely following the Health Insurance Portability and Accountability Act requirements ensures that your recordkeeping practices meet that standard.

Cost Control

Getting rid of records you no longer need can help cut down on storage costs and reduce exposure to potential data breaches.

Better Patient Care

Complete, well-maintained records give providers a full picture of a patient’s history, helping guide care decisions and support long-term treatment.

Upcoming Changes to Medical Retention

There’s a growing trend toward longer medical records retention periods, with some states now recommending that providers keep records for at least ten years instead of six. This updated recommendation is meant to reduce legal exposure under the False Claims Act (FCA) violations and ensure that records are available for audits, investigations, and other legal proceedings that occur beyond the 6 year standard.

Does HIPAA Have Records Retention Requirements?

HIPAA doesn’t specify how long medical records must be kept. Instead, it focuses on the privacy and security of protected health information (PHI).

However, HIPAA does require covered entities to keep certain compliance-related documentation, like policies, procedures, and other records tied to its Privacy and Security Rules, for at least six years from the date they were created or last updated.

When it comes to medical records themselves, retention periods are typically determined by state medical records retention laws, which vary widely.

To stay compliant, healthcare providers should follow state guidelines listed below, while considering industry best practices to ensure they’re meeting both legal requirements and patient care needs.

Why Doesn’t HIPAA Have Its Own Retention Requirements?

HIPAA was created to regulate how protected health information (PHI) is handled, not how long it must be stored. Its main focus is on the privacy and security of patient data, leaving record retention timelines to other regulations.

Those timelines are mostly set by state laws, which already outline how long medical records must be kept. Since requirements vary by state, HIPAA defers to those rules rather than creating a one-size-fits-all federal standard.

Retention periods can also depend on the type of record and the patient population involved. For example, records related to minors, behavioral health, or certain treatments often have different timelines that extend beyond general state requirements.

State-Specific Medical Records Retention Laws

While HIPAA sets the foundation for privacy and security, healthcare providers must also follow state-specific medical records retention laws. These laws determine how long records need to be kept and may vary significantly between states.

For example, some states require longer retention periods for certain records, such as those related to minors or substance abuse treatment. Understanding the specific regulations in your state is essential to ensure compliance and proper record management.

State Law, Code, Or Regulation Medical 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 when the patient reaches the age of 21, whichever is longer.
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 until patient reaches the age of 21 whichever is longer.
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: Complete medical records must be retained 2 years after the age of majority (i.e., until patient turns 20).
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 the age of 18
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).
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. 5 years from the date of last contact for an adult and a minimum period of 5 years after a minor reaches the age of majority. 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 past the age of majority (i.e., until patient turns 23).
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 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).
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.
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 the age of majority.
Kentucky 902 KY. ADMIN. REGS. 20:275 6 years or if a minor, , whichever is the longest. 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.
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 the age of majority. Patient logs and written x-ray reports— permanently.
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.
Massachusetts 243 MASS. CODE REGS. § 2.07 7 years from the date of the last patient encounter or until the date that a minor patient reaches 18 years of age, whichever is longer. 30 years after the discharge or the final treatment of the patient.
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.
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 the age of majority.
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. Minor patients: For the period of minority plus 7 years.
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.
Montana MONT. CODE ANN. § 50-16-513 and 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.
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: (under 19) 10 years or until 3 years after the patient reaches age of majority (i.e., until patient turns 22), whichever is longer.
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.
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, or one year after reaching age 18 in the case of a minor. Adult patients: 7 years after a patient’s discharge. Minor patients: 7 years or until the minor reaches age 19, whichever is longer.
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 years of age, whichever is longer. Discharge summary sheets (all) 20 years after discharge.
New Mexico N.M. CODE R. § 16.10.17.10 Adult patients: 10 years following the last treatment date of the patient. Minor patients: Must be retained until the patient is 21 years old. Adult patients: 10 years following the last treatment date of the patient. Minor patients: Must be retained until the patient is 21 years old.
New York N.Y. COMP. CODES R. & REGS. § 405.10 Six years from the date of discharge or three years after the patient’s age of majority (18 years), whichever is longer, or at least six years after death. 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.
North Carolina 10A N.C. ADMIN. CODE §13B.3903 Adult patients: 11 years following discharge. Minor patients: Until the patient’s 30th birthday. Adult patients: 11 years following discharge. Minor patients: Until the patient’s 30th birthday.
North Dakota N.D. ADMIN. CODE § 33-07-01.1-20 10 years after the patient’s last visit. 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.
Ohio Rule 3701-83-11 6 years after discharge 6 years after discharge
Oklahoma OKLA. ADMIN. CODE §310:667-19-14 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. 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.
Oregon OAR 333-505-0050 10 years after the date of last discharge. 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.
Puerto Rico None 5 years last discharge. Minors: records must be kept until the patient is 26 years old ( 5 years after the patient reaches the age of majority) 5 years last discharge. Minors: records must be kept until the patient is 26 years old ( 5 years after the patient reaches the age of majority)
Rhode Island 230-RICR-20-60-4 5 years unless otherwise required by law or regulation. Adult patients: 5 years following discharge of the patient. Minor patients: 5 years after patient reaches the age of 18 years (i.e., until patient turns 23).
South Carolina S.C. CODE ANN. § 44-115-120 Adult patients: 10 years from the date of last treatment. Minor patients: 13 years from the date of last treatment. Adult patients: 10 years. Minor patients: Until the minor reaches age 18 and the "e;period of election"e; expires, which is usually 1 year after the minor reaches the age of majority (i.e., usually until patient turns 19).
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.
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 of the patient or the patient’s 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.
Texas 22 TEX. ADMIN. CODE § 165.1 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. 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.
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.
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 has reached the age of 18 (i.e., until the patient reaches age 23).
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 the age of 18 (i.e., until the patient turns 21) whichever is longer.
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 10 years from the date of last treatment. 10 years from the date of last treatment.

Sources:
*Links to each relevant law are provided in the “Law, code, or regulation” column. As laws change or are repealed in each legislative session, we will update these to reflect any changes made.

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 the most recent update, and are subject to change at any time. For more information on any specific law, please consult your state’s official website.

Best Practices for Medical Records Retention

Create a Clear Retention Policy

Every healthcare provider should have a written policy that outlines how long each type of medical record should be kept, how it will be stored, and when and how it should be securely destroyed. This policy should align with both HIPAA requirements and the applicable state laws referenced above.

Protect Records with Strong Security Measures

Keeping patient records secure is a key part of HIPAA compliance. Whether your records are stored on paper or digitally, security measures should be in place to prevent unauthorized access.

  1. Access Controls that limit records access to authorized staff using individual login credentials.
  2. Encryption of electronic health records both at rest and in transit.access or data breaches.
  3. Physical protections like locked storage, alarm systems, and video surveillance for paper records.

Audit Your Processes Regularly

Set a schedule to review how records are stored, how long they’ve been kept, and whether they’ve been disposed of on time. Routine audits help identify gaps and keep your retention and destruction process on track.

Train Your Team

Your staff should understand both HIPAA requirements and your internal policies for managing medical records. Regular training sessions are one of the easiest ways to reduce errors, avoid violations, and ensure everyone stays informed as policies or regulations change.

Set Up a Secure Destruction Process

Once a record has reached the end of its retention period, it needs to be disposed of securely. Paper records should be cross-cut shredded to prevent recovery. Electronic records should be wiped using software that fully deletes the data, not just removes it from view.

If you’re working with a third-party shredding service, make sure they follow HIPAA requirements and provide a certificate of destruction once the process is complete.

Key Components of an Effective Medical Record Retention Policy

A clear and well-documented retention policy helps ensure consistency, compliance, and accountability across your practice. Here are the main elements every policy should include:

Purpose

Start by outlining the purpose of the policy—typically to meet legal requirements, support patient care, and ensure efficient management of medical records.

Scope

Define which types of records the policy applies to. This should include both paper and electronic formats, along with any other media used to store patient information.

Responsibilities

Assign clear responsibility for managing and enforcing the policy. This may fall to a specific department, compliance officer, or designated records manager.

Retention Periods

List the required retention timeframes for each type of record. These should reflect applicable state laws, HIPAA documentation rules, and any internal considerations.

Storage and Preservation

Explain how records will be stored and protected during their retention period. Include details about physical security, digital access controls, and backup procedures if applicable.

Destruction Procedures

Document how records will be securely destroyed once they’re no longer needed. Whether done in-house or through a third-party vendor, destruction methods should meet HIPAA standards and reduce the risk of unauthorized access.

How To Create and Implement a Medical Record Retention Schedule

A retention schedule provides a structured plan for how long each type of record should be kept and when it should be securely destroyed. Here are the key steps to develop and implement an effective schedule:

1. Take Inventory

Start by taking a complete inventory of all records in your practice, including their format (paper or digital) and where they’re stored.

2, Categorize

Group records into categories based on their content, use, or regulatory requirements. This makes it easier to apply consistent rules across similar record types.

3, Research

Review applicable federal, state, and industry-specific regulations to determine the minimum required retention periods for each category.

4. Establish Retention Periods

Set a defined retention timeline for each category, balancing legal requirements with your internal needs and workflows.

5. Document the Schedule

Put your retention schedule in writing. It should clearly outline how long each type of record must be kept and describe the destruction process once that period ends.

6. Train and Communicate

Make sure your staff understands the retention schedule and how to follow it. Training and clear communication are key to consistent implementation.

7. Monitor and Update

Revisit the schedule regularly to keep it up to date with changes in laws, industry guidelines, or internal processes.

Secure and Compliant Record Destruction

Once a record has reached the end of its retention period, it must be disposed of properly to protect patient privacy and maintain compliance. Follow these best practices to ensure your destruction process is both secure and legally sound:

Create a Destruction Policy

Document your destruction procedures in writing. Your policy should outline how records will be destroyed and who is responsible for managing each step of the process.

Choose the Right Destruction Methods

Use methods that make records unreadable and unrecoverable. Shredding, incineration, and degaussing are all commonly used methods depending on the format of the records.

Maintain a Chain of Custody

Establish a secure process for tracking records from collection through final destruction. This helps ensure accountability and prevents unauthorized access.

Audit the Process Regularly

Conduct routine audits of your destruction procedures to confirm they’re being followed correctly and meet both internal policies and external regulations.

Get a Certificate of Destruction

Whether destruction is handled internally or by a third-party service, always obtain a certificate of destruction. This provides documented proof that records were disposed of in accordance with applicable laws.

Update Your Retention Records

Once records have been destroyed, log the disposal and update your retention documentation to reflect the change. Keeping accurate records of what was destroyed is an important part of compliance.

The Role of Electronic Health Records (EHR) in Medical Records Retention

The move to Electronic Health Records (EHR) has changed how healthcare providers manage medical records. EHR systems offer major advantages in terms of efficiency, accessibility, and security compared to traditional paper-based systems. They’ve become an important tool for maintaining accurate, organized, and compliant records.

Advantages of EHR in Medical Records Retention

Streamlined Access

EHR systems allow providers to access patient records quickly and easily, which improves care coordination and supports better outcomes.

Enhanced Security

Built-in features like audit trails, access controls, and data encryption help protect sensitive information and support HIPAA compliance.

Automated Retention

EHR systems can be set up to automatically manage retention timelines and securely delete records when the retention period ends, helping reduce the risk of human error.

Selecting an EHR System for Your Practice

When evaluating an EHR platform, keep the following in mind:

HIPAA Compliance

The system should include strong security features and be fully compliant with HIPAA privacy and security requirements.

Compatibility

Look for a system that can share information with other platforms to support smoother collaboration between providers and facilities

Customization

Choose a system that can be adapted to your workflows and documentation needs to ensure it works well for your specific practice.

Migrating to an EHR System: A Seamless Transition for Medical Practices

Moving from paper records to an Electronic Health Records (EHR) system can be a big step, but with the right approach, it doesn’t have to be overwhelming.

Start by building a clear migration plan that outlines each step of the process and sets a realistic timeline. Assign a team to oversee the transition, this should include staff from IT, administration, and clinical departments to make sure all perspectives are covered.

Choose an EHR system that fits the specific needs of your practice, as covered in the previous section. Once the system is selected, begin staff training early to help ease the learning curve and avoid disruptions to patient care.

Transferring existing records into the new system is one of the most important steps. This can be done either through manual data entry or with a medical records scanning service. Accuracy is key here, so be sure to set aside time and resources for data validation.

After the migration is complete, consider running both paper and electronic systems in parallel for a while. This gives your team a chance to double-check the records that were digitized and address any issues with them before fully switching over to digital recordkeeping.

With a structured plan and proper support, medical practices can make the move to EHR with ease, improving efficiency and patient care, with the bonus of simplifying medical records retention along the way.

What comes next?

Effective record retention and destruction practices are essential for staying compliant, protecting patient information, and keeping your operations running smoothly. With the right retention policy and a secure process in place for managing records over time, your practice can reduce risk and stay on top of both patient care and regulatory requirements.

If you’re preparing to digitize your paper records or transition to an EHR system, SecureScan can help. With over 22 years of experience working with healthcare providers, our team offers fully HIPAA-compliant medical records scanning services designed to make the process simple and secure from start to finish. We’ll help you organize, scan, and index your records with accuracy, and ensure that everything is handled in accordance with privacy laws and retention standards.

Contact us to learn more about how we can support your recordkeeping goals, or request a free quote to get started.

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