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how long should medical records be kept?

 
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  • Answered by:Ely
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Customer Question

how long should medical records be kept?

 

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Country relating to Question: United States
State (if USA): California

Submitted: 274 days and 21 hours ago.
Category: Legal
Value: $28
Status: CLOSED

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Expert:  Ely replied 274 days and 21 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

There is no one law as to medical record keeping, so it depends as to what:

Hospitals in California generally must maintain medical records for at least seven years after the date the patient was discharged.

Records for unemancipated minors must be kept at least seven years or a minimum of one year after the minor has reached 18, whichever is later.

Patients under Medi-Cal need to have their records retained for three years. Welfare and Institutions Code section 14124.1.

Patients benefitting from the Emergency Medical Services Fund must also have their records kept for three years. Health and Safety Code section 1797.98(e).

Patients prescribed a Schedul II drug must have these records preserved for three years. Health and Safety Code section 11191.

At least two years for any HMO record, per the Knox-Keene Act; and in worker compensation matters, the record is seven years.

Health and Safety Code section 123.145 has medical clinics hold the record for seven years. Private physicians have no such rule if it does not all into the rules above, but the (unofficial) rule of thumb is seven years.

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.

Expert TypeCounselor at Law
Category: Legal
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Answered: 7/13/2012

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Customer replied 274 days and 20 hours ago.

Thank you. does the (unofficial) rule of 7 years also apply to skilled nursing facilities?

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Expert:  Ely replied 274 days and 20 hours ago.

Only if they are designated "medical clinics." Otherwise, no.

 
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