Information on Old Medical Records

Old medical records must be kept or retained in a place where they can be retrieved. How long they must be kept depends on the patient's age, the location of the medical service provider and federal law.

Ownership

• Medical information belongs to the patient while the physical records belong to the doctor. Parents own the medical records for their children until they are legal adults.

Retention

• According to "Medical Records and the Law" by William Roach, based on the Health Insurance Portability and Accountability Act, medical records must be kept at least six years from their date of creation or last update. This applies to both paper and electronic medical records. States can specify longer time periods that old medical records must be retained. Medical records must be kept until a child is past the age of majority.

Access

• Old medical records can only be accessed by those with a need to know the information within them. This includes medical professionals and their staff. Old medical records can be accessed by insurance providers and attorneys with the patient's permission.

Destruction

• Incineration is one of the secure means of destroying old medical records.

  Medical records cannot be destroyed unless the doctor-patient relationship has ended. Old medical records cannot be destroyed until the statute of limitations has passed. Old medical records cannot be destroyed during fraud or medical malpractice investigations.