How Long Do Health Clinics Keep Records?

Medical records are critical for several reasons. They contain the patient’s medical history, diagnosis, treatment plans, medications, immunization dates, and more. This information is not only essential for continuity of care but also for legal and financial reasons. Therefore, clinics are legally obligated to retain these records for a set period, which varies depending on the type of clinic and its location.

Before diving into the specifics of retention periods, let's look at why keeping records is so important:

Continuity of Care and Patient Safety
At its core, the purpose of keeping medical records is to ensure the continuity of care. If a patient moves to a new city or country, changes healthcare providers, or requires treatment for an ongoing condition, their previous medical records help the new clinic understand their medical background. This minimizes the risks of medical errors, such as allergic reactions or dangerous drug interactions.

Records can also play a key role in emergencies. If a patient becomes incapacitated and cannot communicate their medical history, these documents offer healthcare professionals vital information to make informed decisions quickly.

Legal and Financial Implications
From a legal perspective, healthcare providers must keep records to comply with national and regional regulations. This ensures accountability and transparency. In the event of a malpractice lawsuit, for example, medical records provide crucial evidence.

On the financial side, medical records may be required to justify billing claims to insurance companies. Incorrect or incomplete records can lead to denied claims, financial penalties, or even legal action.

Now, let’s explore how long health clinics are required to keep these records, country by country.

Retention Periods by Country

United States
In the U.S., the length of time that clinics keep medical records varies by state. However, the Health Insurance Portability and Accountability Act (HIPAA) sets minimum federal guidelines. Clinics must retain medical records for at least six years from the date they were created or from the last date of treatment, whichever is later. Some states extend this period to up to 10 years or more, particularly for pediatric records, which must often be kept until the patient reaches adulthood plus a certain number of years (usually three to seven years).

Pediatric records and those related to surgeries or conditions that may result in legal claims are usually kept longer. For instance, California mandates that medical records be retained for at least seven years after the last date of treatment for adults, while pediatric records must be kept until the patient turns 19 and for at least one additional year. Florida, on the other hand, requires adult records to be retained for five years but pediatric records until the patient turns 25.

Canada
Canadian clinics must also follow both federal and provincial guidelines. Federally, the Personal Information Protection and Electronic Documents Act (PIPEDA) applies, but individual provinces set their retention periods. In Ontario, medical records must be kept for 10 years after the last patient interaction, or if the patient is under 18, 10 years after they turn 18. British Columbia requires clinics to retain records for 16 years for minors and 7 years for adults.

United Kingdom
In the U.K., the National Health Service (NHS) has clear guidelines. Records must be retained for eight years after the last treatment. Pediatric records, however, must be kept until the patient turns 25 or 26 if the patient was 17 at the time of their last treatment. For obstetric and maternity records, records are retained for 25 years. Mental health records also fall under a different category and must be retained for 20 years.

Australia
In Australia, retention periods vary by state and the type of records involved. For instance, in New South Wales, medical records must be kept for 7 years after the last treatment date for adults, while for minors, records must be kept until they turn 25. In Victoria, the requirement is 7 years for adult records but only until the patient turns 25 for minors.

Electronic Health Records (EHRs)

With the advent of Electronic Health Records (EHRs), record-keeping has become both simpler and more complex. While it’s easier for clinics to store and retrieve information, digital security has become a significant concern. Federal regulations, like HIPAA in the U.S., mandate strict guidelines for how these records are stored, accessed, and shared to prevent breaches of patient confidentiality.

One advantage of EHRs is their scalability. Instead of worrying about physical storage space for decades-old records, clinics can store years’ worth of data in secure servers, both on-site and in the cloud. However, the retention periods for EHRs are generally the same as for paper records.

Exceptions to the Rule

While many countries and states have clear guidelines, exceptions often apply to certain types of records. For example:

• Maternity and obstetric records: In the U.K., Australia, and the U.S., these records are often kept longer than general medical records due to potential legal claims regarding birth injuries or congenital disabilities.
• Mental health records: These often have extended retention periods, especially in cases of long-term treatment for chronic conditions.
• Pediatric records: As mentioned earlier, these are often retained until the patient reaches adulthood, plus a few years.

Why Some Clinics Keep Records Longer

Despite minimum retention periods being established, many clinics opt to keep records for longer than required. This is often due to medical research, where long-term studies may necessitate access to decades-old records. Clinics specializing in certain fields, such as oncology, may also retain records indefinitely to track long-term patient outcomes.

Another reason for extended record retention is the possibility of future legal claims. In cases of medical malpractice, records from many years ago can suddenly become relevant. The statute of limitations for medical malpractice claims varies from country to country, and many healthcare providers prefer to err on the side of caution.

Destroying Medical Records

When a clinic finally does destroy medical records, this process is often governed by strict protocols to ensure patient privacy is protected. Paper records are typically shredded or incinerated, while digital records are wiped using specialized software that ensures they cannot be retrieved.

HIPAA, PIPEDA, and other privacy laws impose hefty fines on clinics that fail to properly dispose of medical records. For example, in the U.S., a healthcare provider found guilty of a HIPAA violation due to improper disposal can face fines of up to $50,000 per record.

Patients’ Rights and Access to Records

In most countries, patients have the right to access their medical records even after the retention period has expired. If a clinic is closing or merging, patients must be notified and given the opportunity to obtain copies of their records.

In the U.S., patients can request copies of their records at any time under HIPAA. In the U.K., the General Data Protection Regulation (GDPR) gives patients the right to access their data, including medical records, free of charge. Canadian patients have similar rights under PIPEDA, although clinics may charge a nominal fee for copies.

Looking Forward: How Long Will Clinics Keep Records in the Future?

As medical technology continues to advance, so too will the methods for storing and maintaining patient records. Cloud-based storage solutions will likely become more common, enabling clinics to retain records indefinitely without worrying about space or physical deterioration.

However, the challenge will remain to balance privacy concerns with the need for long-term data retention. In an era where data breaches are all too common, the healthcare industry will need to continually adapt to ensure that patients’ records are both secure and accessible.

Final Thoughts
Health clinics must navigate a complex web of legal, financial, and medical obligations when determining how long to keep records. While minimum retention periods vary, the overarching goal remains the same: to ensure that patients receive the best possible care, both now and in the future.

Clinics will need to stay up to date with changing laws and technologies to meet their obligations while protecting patient privacy. For patients, knowing how long their records are kept—and how to access them—can make all the difference in ensuring they receive the best care.