How Long Do Medical Records Need to be Kept in Massachusetts?
Full Question:
Answer:
In Massachusetts hospitals and clinics: (1) may convert records to an electronic format, (2) must notify patients in writing of their record retention and destruction policies; and, (3) may destroy medical records 20 years after the discharge or the final treatment of the patient to whom a retained medical record relates.
G.L.c. 111, § 70. Records of hospitals or clinics; custody; inspection;
copies; fees
Hospitals or clinics subject to licensure by the department of public
health or supported in whole or in part by the commonwealth, shall keep
records of the treatment of the cases under their care including the
medical history and nurses' notes and, in the case of a patient brought
to a hospital by an ambulance service licensed pursuant to chapter 111C,
a copy of the call summary set forth in paragraph (15) of subsection (b)
of section 3 of said chapter 111C. These records may be handwritten,
printed, typed or in electronic digital media or converted to electronic
digital media as originally created by such hospital or clinic, by the
photographic or microphotographic process, or any combination thereof. The
hospital or clinic may destroy records only after the applicable
retention period has elapsed and after notifying the department of public
health, in accordance with its regulations, that the records will be
destroyed. The department, through its regulations, shall establish an
appropriate notification process. On the notice of privacy practices
distributed to its patients, a hospital or clinic shall provide: (i)
information concerning the provisions of this section and (ii) the
hospital or clinic's records termination policy. Such records shall be in
the custody of the hospital or clinic. Section ten of chapter sixty-six
shall not apply to such records; provided, however, that such records and
similar records kept by the hospital or clinic, except a hospital or
clinic under the control of the department of mental health, may be
inspected by the patient to whom they relate, the patient's attorney upon
delivery of a written authorization from said patient, the duly appointed
executor or administrator of the deceased person's estate or the attorney
for such executor or administrator upon delivery of a written
authorization from such executor or administrator, and a copy shall be
furnished upon the request and a payment of a reasonable fee", and a copy
shall be furnished upon the payment of a reasonable fee, which for the
purposes of this section shall mean a base charge of not more than $15 for
each request for a hospital or clinic medical record; a per page charge
of not more than $0.50 for each of the first 100 pages of a hospital or
clinic medical record that is copied per request; and not more than $0.25
per page for each page in excess of 100 pages of a hospital or clinic
medical record that is copied per request, except that no fee shall be
charged to any applicant, beneficiary or individual representing said
applicant or beneficiary for furnishing a record if the record is
requested for the purpose of supporting a claim or appeal under any
provision of the Social Security Act or any federal or state financial
needs-based benefit program; and provided, further, that upon proper
judicial order, whether in connection with pending judicial proceedings
or otherwise, or, except in the case of records of hospitals under the
control of the department of mental health, upon order of the head of the
state department which issues the license or of the head of the state
department having jurisdiction or control of such hospital or clinic, and
in compliance with the terms of said order, and, in the case of a
hospital or clinic under the control of the department of mental health,
when the commissioner of mental health determines that a disclosure would
be in the best interest of a patient as provided in the rules and
regulations promulgated by the commissioner, such records may be
inspected and copies furnished on payment of a reasonable fee, except
that no fee shall be charged to any applicant, beneficiary or individual
representing said applicant or beneficiary for furnishing a record if the
record is requested for the purpose of supporting a claim or appeal under
any provision of the Social Security Act or any federal or state
financial needs-based benefit program. A health care provider shall
furnish a health record requested pursuant to a claim or appeal under any
provision of the Social Security Act or any federal or state financial
needs-based benefit program within thirty days of the request. Any person
for whom no fee shall be charged shall present reasonable documentation
at the time of such records request that the purpose of said request is
to support a claim or appeal under any provision of the Social Security
Act or any federal or state financial needs-based benefit program.
Notwithstanding the foregoing, a hospital or clinic served with a
subpoena for such records of any party named in that proceeding as shown
by the case caption appearing on the subpoena, shall deliver certified
copies of the subpoenaed records in its custody to the court or place of
hearing designated on the subpoena. Any such record or any part or
portion thereof may be destroyed 20 years after the discharge or the final
treatment therein of the patient to whom it relates.
In the event of the transfer of ownership of a hospital, an institution
for unwed mothers or a clinic, all medical records of the same shall be
maintained by the new owner as if there were no change in ownership. In
the event of the permanent closing of a hospital, an institution for
unwed mothers or a clinic, such hospital, institution or clinic shall
arrange for preservation of such medical records for the time required
herein.
The term "record" as used herein shall not include within its meaning
the records or proceedings of medical peer review committees as defined
in section one.
The reasonable fee under this section may be adjusted to reflect the
consumer price index for medical care services, such that the base amount
and the per page charge shall be increased by the proportional consumer
price index in effect as of October of the calendar year in which the
request is made, rounded to the nearest dollar. A hospital or clinic may
also charge an additional fee to cover the cost of postage, other
priority mailing and preparation of an explanation or summary of the
hospital or clinic medical record if so requested.
[Amended by 2000, 54, Sec. 5 effective September 26, 2000; amended by
2003, 135, Secs. 1 and 2 effective July 1, 2004; amended by 2008, 305,
Secs. 12 and 13 effective August 10, 2008.]
Please see also:
http://www.mass.gov/Eeohhs2/docs/dph/quality/hcq_circular_letters/dhcq_0907515.pdf
http://library.ahima.org/xpedio/groups/public/documents/ahima/bok1_012545.hcsp?dDocName=bok1_012545