As a healthcare professional working in a long-term and post-acute care (LTPAC) setting, you’re familiar with the need for diligent management of patient data. This includes holding on to patient records as long as necessary, which means you need to be aware of the various regulations that pertain to patient medical record retention.
These critical compliance regulations can vary depending on your state, the patient’s age, and the type of care they receive. Managing patients in different skilled nursing facilities (SNFs), in senior living facilities, or even across state lines are all individual cases that may have their own regulatory standards. Reviewing the medical records retention laws by state helps ensure compliance.
State-by-State Retention Requirements: Key Variations
Medical record retention requirements aren’t the same across the country. Regulations can differ based on where you care for patients, the specific kind of healthcare provider you work with (for instance, hospitals may have different requirements than physician practitioners), or the age of the person you treat. Patient records kept in a way that might work in one state or practice may not be sufficient in a neighboring jurisdiction.
CMS and Federal Guidelines LTPACs Can’t Ignore
State law may take precedence when it comes to how long you need to retain medical records, but there are also federal laws that apply to record retention policies. For instance, the Health Insurance Portability and Accountability Act (HIPAA) regulations mandate that specific compliance documentation, such as policies, procedures, and training records, must be kept for six years, either from the date of creation or the date the record last came into effect, whichever is later.
How Retention Periods Differ by Facility Type
Which specific state and federal medical records retention laws you’re required to follow often depends on where you see a patient or the type of healthcare you provide:
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Hospitals: These typically have the longest and most stringent medical records retention requirements, frequently related to state licensing laws and accreditation standards. Hospital records may need to be kept for seven to 10 years or longer, with specific rules applying to emergency room care and surgical procedures.
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Physician/Medical Offices: Mandated retention periods can differ across individual medical offices or small group practices but generally fall within a range of five to 10 years after the last patient was treated.
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Long-term Care Facilities (SNFs and Hospice Care): Long-term care facilities, including skilled nursing facilities and hospice providers, have their own unique record retention policies, generally mandated by specific state regulations that govern nursing homes and residential care. These can extend beyond general physician office requirements due to the ongoing nature of the care provided.
Why the Statute of Limitations Matters
A significant factor influencing the required period for medical record retention is the statute of limitations on malpractice actions, which is the legal timeframe within which a patient can file a medical malpractice lawsuit against a healthcare provider. If a malpractice suit is brought against you or your employer, these patient records will serve as your primary defense, so it’s critical to hang on to them.
You’ll need to retain all patient records for at least as long as this statute allows. It's wise to allow additional time for legal procedures, such as discovery rules, or other special circumstances. These statutes vary widely by state, so always be sure you have current and correct information.
Retention Timelines for Pediatric vs. Adult Patients
Patient records for minors are a special case when it comes to medical record retention. Retention timelines are significantly extended for pediatric patients, primarily because the malpractice action statute of limitations often doesn’t begin until a patient reaches the age of majority.
Best Practices for Managing Long-Term Access
Medical record retention requirements, because they’re so variable, can be complex to manage. That said, providing the kind of legally mandated access to electronic records is a non-negotiable standard for LTPAC and any other healthcare provider. Putting in place these electronic health record system best practices can make record retention management less challenging:
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Cloud-Based Access: Cloud-based EHR systems make secure, centralized access to patient records easy from any place and at any time. This can be particularly useful for multi-site LTPAC providers, as clinicians can access any information they need, whether they’re rounding in a different SNF or even across state lines.
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Encrypted Storage: HIPAA requires all electronic records to be stored using robust encryption to protect confidential medical health information from unauthorized access.
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EHR-Integrated Backups: Your EHR system should include automated, redundant backup protocols to protect against data loss and to guarantee the integrity of all applicable medical records over their entire retention period.
Whether you opt for a solution that combines AI and EHR systems or make the move directly to AI-powered EHR systems, you’ll want a good centralized EHR solution that can tag records with state-specific retention rules, which can help simplify the process and safeguard compliance.
How a Cloud-Based EHR Simplifies Retention Compliance
ChartPath is a cloud-based EHR solution specifically designed for LTPAC practices. It fundamentally simplifies the various tasks involved in complying with medical records retention by state and other regulations. With ChartPath, you gain secure, always-on, centralized access to all of your patient records, regardless of the facility or state where they were treated.
ChartPath helps you meet all of the variable state medical records retention timelines you need to comply with by providing a single, accessible repository for all of your patient documentation. All records are securely stored and remain readily retrievable throughout the required retention period.
Get Retention Right With a System Built for LTPAC
Keeping your treatment records secure, accessible, and compliant isn’t an optional part of your practice. You need a solution that can actively simplify these tasks to make managing these complexities easier, less time-consuming, and safer. ChartPath offers an EHR system that's purpose-built from the ground up for LTPAC providers to guarantee your medical record retention schedule is compliant, your electronic records are secure, and your practice stays audit-ready.
Schedule a demo today to see how ChartPath can transform your medical record retention and overall compliance.
