Medical records are a detailed history of diagnoses, treatments, and test results fundamental to receiving continuous, high-quality healthcare. Federal laws like the Health Insurance Portability and Accountability Act (HIPAA), alongside state regulations, impose strict requirements on healthcare providers to safeguard these documents, even after the practice ceases operation. The closure process is governed by legal obligations designed to ensure patient access remains possible.
Identifying the New Legal Custodian
The responsibility for securing and managing medical records, known as custodianship, does not end when a physician retires or a clinic closes. The former physician or practice owner retains the legal obligation for these records and must designate a new custodian to manage the patient files for the legally required retention period.
The records generally transfer to one of three primary destinations. If the practice is sold, the acquiring group assumes custodianship. Alternatively, a retiring physician might contract with a specialized third-party service that stores and manages the records securely. In some cases, the owner may choose to store the records themselves, though this is less common. The original practice is legally required to notify all patients about the closure and provide clear contact information for the new records custodian.
Mandatory Retention Periods for Health Records
The length of time a patient’s medical record must be kept is determined primarily by state law, which often mandates a longer period than federal guidelines. While HIPAA requires certain administrative documentation, such as privacy policies and authorizations, to be retained for a minimum of six years, it does not set a universal minimum for the patient’s medical chart itself.
Most states require adult medical records to be maintained for seven to ten years from the date of the patient’s last visit. For minors, the retention period is often longer, typically until the patient reaches the age of majority plus a specified number of additional years, sometimes up to 28 years in total. Practices must always adhere to the most stringent requirement, which is usually the longer state-mandated duration.
Patient Procedures for Requesting Records
Retrieving records from a closed practice is straightforward once the new custodian is identified. The patient must submit a formal request, usually in writing, which includes a signed HIPAA compliant authorization form permitting the release of their Protected Health Information. This authorization is necessary whether the records are being sent directly to the patient or to a new healthcare provider.
The designated custodian must process this request within a reasonable timeframe. Federal law sets a maximum processing time of 30 days, although many states mandate a shorter response period. The custodian is permitted to charge a reasonable, cost-based fee for copying, postage, and preparation of the records for transfer. Patients are typically notified of the closure and retrieval procedures through multiple channels, including a direct letter, notices on the practice’s website, and public announcements.
Handling Special Closure Circumstances
While most practice closures are planned, unexpected events like the death of a solo practitioner or a sudden bankruptcy require immediate intervention to secure patient data. In these scenarios, the standard transfer of custodianship cannot occur without external oversight.
State medical boards or a court-appointed receiver often step in to manage the records and ensure they are not abandoned. These entities assume responsibility for appointing a temporary custodian and communicating the retrieval process to the patient population. Their involvement maintains the required legal and ethical standards for record retention.