If your state does not specify the length of time records must be kept, then you need to be aware of and adhere to the state's malpractice statute of limitations for adults and minor patients. We recommend you use the time period prescribed by the statute of limitations as a minimum, because the statute may not begin to run until the potential plaintiff learns of the causal relation between an injury and the care received. If the patient is a minor, records should be retained until the patient reaches the age of majority, as defined by state law, plus the period of the statute of limitations. Generally, a physician remains liable for accidental or incidental disclosure of health information during and after a closure. If the records are not being transferred to another physician, they may be archived with a reputable commercial storage firm.
Some physicians rent space from another physician or store the records in their basements at home.
If the records are transferred to another physician, a written agreement outlining the terms and obligations should be executed. You are responsible for ensuring that records are stored safely for an appropriate length of time. If you use a commercial storage company, be sure to incorporate specific provisions into your agreement with respect to confidentiality and prompt return of information upon your request. There should also be language regarding prohibition against selling, sharing, discussing, transferring or otherwise disclosing confidential information with any other individuals or businesses, protection of information against theft, loss, unauthorized destruction or other unauthorized access, etc. Your malpractice insurance carrier should be able to assist you with this agreement.