Proper record retention and disposal practices are crucial responsibilities for healthcare clinics, providers, and administrative teams. Keeping medical records for too long can expose your organization to unnecessary risks, but prematurely destroying them might violate federal and state regulations. Understanding HIPAA requirements, retention laws, and the best practices of secure shredding helps your office protect patient privacy, reduce liability, and maintain compliance.
Understanding Medical Record Retention Requirements
Federal law outlines general expectations for the retention period of medical records by healthcare organizations. Still, the specific requirements vary based on patient categories, the kinds of records, and state regulations. For instance, HIPAA doesn’t define exact retention periods for most patient health records; however, it does require covered entities to keep documentation of privacy policies, practices, and disclosures for a minimum of six years.
Having said all that, most states have their own minimum retention periods. For example, adult medical records in Maryland must be retained for at least five years following the last patient encounter or the date of record creation, whichever is later. Records must be kept for minors until the patient reaches the age of 21, which is the age of majority plus three additional years. Clinics, hospitals, and specialty practices might have even longer retention requirements, depending on their licensing boards or governing bodies.
Providers who operate in more than one state, such as a practice serving both Virginia and Maryland, should default to the longest applicable retention period to ensure full compliance.
Retention Guidelines for Different Record Types
Not all records adhere to the same timelines. Knowing the difference helps you avoid both accidental premature destruction and over-retention.
Adult Patient Records
For most Maryland practices, retain for at least five years following the last date of service. Many providers opt for a period of seven years to a decade for the additional legal protection.
Minor Patient Records
Retain until patients turn 18, and then wait three more years. This ensures records remain available if any insurance or legal issues arise after a patient is legally an adult.
Employee Health Records
Retain for an employee’s duration of employment and 30 years after that. This is an OSHA standard requirement for workplace exposure documentation.
Billing and Insurance Documentation
Maintain for a minimum of seven years. This aligns with the audit requirements of both Medicare and the IRS.
Electronic Health Records
Digital files are no different under retention laws. Make sure you have a compliant method of destruction in place when purging or deleting EHRs to avoid HIPAA violations.
The Risks of Keeping Records Too Long
Keeping records indefinitely might seem the safest move, but over-retention has a unique set of liabilities. Storing old medical files runs the risks of unauthorized access, accidental exposure, and data breaches, all of which can result in reputational damage and severe HIPAA penalties. Also, long-term storage costs rack up fast, particularly for an office managing outdated electronic archives or paper-based records.
Legally, keeping medical records past their mandated period might complicate litigation. In the event of an audit or lawsuit, records that have already been destroyed can face unnecessary scrutiny or be subpoenaed, possibly exposing your organization to additional legal risk.
HIPAA Compliance and Secure Document Destruction
For disposal of medical records, HIPAA requires that all patient-identifiable information be rendered indecipherable, unreadable, and irretrievable. Regular trash or a standard office shredder isn’t enough. For instance, TrueShred follows stringent chain-of-custody processes including secure collection containers, GPS tracking, certificates of destruction, and on-site shredding. Partnering wth a professional service ensures everything is securely and completely destroyed.
Best Practices for Record Retention and Shredding Policies
Every office needs a clearly documented retention and destruction policy in place, and it needs to align with current laws for how long to keep records, storage methods, and proper destruction. Staff training is also essential so everyone follows the correct retention schedules and disposal rules. Finally, maintain documentation of all shredding events to serve as proof of compliance in the face of future investigations or audits.
Partner With a Trusted Shredding Provider in Washington and Baltimore
TrueShred offers secure and HIPAA-compliant document destruction services throughout the Washington, D.C., and Baltimore metro areas. We provide one-time shredding services for residential and commercial clients, and we offer additional commercial options for ongoing service, on- and off-site shredding, and disposal of media and electronics. Don’t put your practice at risk by keeping outdated records around.
Partner with TrueShred today for compliant, confidential, and reliable medical record shredding solutions.
