What are the legal requirements for medical records retention?
In California, there are several legal requirements for medical records retention. The California Medical Records Retention Law requires that medical records be kept for a minimum of 10 years after the patient’s last visit. The California Mental Health Records Retention Law requires that mental health records be kept for a minimum of 5 years after the patient’s last visit for adults and for a minimum of 7 years for minors. The state also has laws that require a physician to keep copies of prescriptions or orders for medications or treatments that were given to a patient or family member for at least two years after the date of the prescription or order. Additionally, the California Health and Safety Code requires that immunization records be kept for 7 years after the patient’s last visit. For medical records stored electronically, the state requires that records must be kept in an access-controlled system or facility with an audit trail and with cloud storage that is secure and compliant with HIPAA. The records must also be kept in a format that is readily readable and accessible by authorized personnel. When medical records are destroyed, they must be done so in a way that prevents them from being accessed by unauthorized personnel. This includes shredding or burning the records and then disposing of them in a secure and appropriate manner.
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