As healthcare providers prepare for transitions such as retirement or practice closure, one critical aspect to address is the proper retention and management of medical records. This is especially important for physicians who treat both pediatric and adult patients.
When a practice closes or a physician retires, you need to make sure those records are stored safely and kept for the right amount of time. Proper record retention not only ensures compliance with legal and regulatory requirements but also protects providers from potential liability.
How long should you keep medical records?
The length of time you need to keep records depends on a few things, like the type of patient, who’s paying for the care, and legal rules. Here’s a quick rundown of the main timelines:
- Medical malpractice claims: Retain records for two years after the last date of service. This includes one year for general medical malpractice claims and two years for wrongful death claims. Statutes of repose and discovery rules may extend this period.
- Medicare patients: Retain records for five years after the last date of service, as required by federal regulations.
- Medicaid patients: Retain records for six years after the last date of service. This is mandated by Ohio and federal government regulations, including potential fraud investigations.
- Managed care provider agreements: Retain records for ten years from the renewal, amendment, or termination date of the provider agreement. This requirement often sets the minimum retention period.
- Adult patients (general): Retain records for at least ten years to comply with managed care and other regulations.
Special considerations for pediatric records
Records for minors need to be kept longer because the law gives minors extra time to make claims. The general rule is to keep pediatric records until the patient turns 18 plus an extra retention period—usually ten years. This means:
- For a newborn patient, records should be kept until the patient is 28 years old.
- For a nine-year-old patient, records should be kept until they are 19 years old (age 18 + one year minimum).
This extended retention protects both the patient’s future rights and the provider’s legal interests.
Following these guidelines helps you stay compliant with malpractice, Medicare, Medicaid, and managed care rules—and respects the special protections for minors. Please note that these guidelines are provided for informational purposes only and do not constitute legal advice; you should consult with legal counsel for guidance specific to your situation.
When closing a practice or a physician retires, partnering with a trusted organization to manage and securely store records is critical. This ensures compliance with legal requirements and provides peace of mind for both.
If you have questions about your risk management needs and succession planning, reach out to Joe.Woods@MarshMMA.com.
