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This is because HIPAA laws demand the users to store the medical records for six years, while federal law demands them to retain the medical records for at least seven years after the medical service is provided to the patients. In addition, the timeline goes up to ten years for Medicare patients.
The length of time your clinic or hospital is required to hold onto your medical records is called the medical record retention period. Most states' retention periods vary between 5-10 years after the last visit, and after the mandated length of time, your provider is allowed to dispose of your records.
The HIPAA log retention requirements are that if a log, note, or record relates to a HIPAA policy or procedure, the log, note, or record must be retained for six years from the date the content was last used or was last effective.
A patient does not have the right to inspect or obtain a copy of his or her "psychotherapy notes." HIPAA defines "psychotherapy notes" as "notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling ...
You are advised to keep patient records, including those of deceased patients, for a minimum of ten years after the patient's last contact with the licensee. If space permits, indefinitely retain records of all living patients.
With few exceptions, the Privacy Rule gives patients the right to inspect and obtain a copy of health information about themselves that is maintained by a covered entity or its business associate in a ?designated record set.?
By contrast, hospital employees cannot look up a patient's medical record on a whim. Without permission, this would be a violation of HIPAA's Privacy Rule.
(14) Medical records shall be kept for a period of at least 10 years after discharge. Original medical records may be retained on paper, microfilm, electronic or other media.