Medical Record Retention
A recent Medicare Learning Network Matters article published by CMS addressed the issue of the minimal requirement for maintaining copies of medical records. Per the HIPAA of 1996 rules, a covered entity, including a physician, must retain documentation for a minimum of six years from the date of creation or the date when it last was in effect, whichever is later, for all services billed to Medicare. HIPAA requirements preempt state laws if they require shorter periods.
“While the HIPAA privacy rule does not include medical record retention requirements, it does require that covered entities apply appropriate administrative, technical and physical safeguards to protect the privacy of medical records and other protected health information for whatever period such information is maintained by a covered entity, including through disposal. The privacy rule is available at 45 CFR 164.530(c) on the Internet.”
“Providers/suppliers should maintain a medical record for each Medicare beneficiary that is their patient. Remember that 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 a good practice.”
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