Topic: Consider federal, state, and healthcare facility requirements when determining record retention timeframe
HIM Connection, October 28, 2008
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When contemplating a record retention timeframe, you must understand federal, state, and facility requirements. In the federal arena, consider both HIPAA and CMS requirements. HIPAA requires record retention for a minimum of six years (45 CFR 164.530[j]). However, CMS has two requirements: one that requires record retention for five years after the closure of the cost report (42 CFR 482.24[b][1]) and another that extends the retention to 10 years (42 CFR 422.504 [d][2][iii]) under the Medicare-managed care program.
State regulations vary. AHIMA has compiled state regulations in its practice brief on the retention of health information. It is prudent to compare this information with your state regulations because many states revised their statutes after the implementation of HIPAA, as well as in response to outcomes of various lawsuits, such as tobacco, Vioxx, asbestos, and other litigation.
Editor’s note: This article was adapted from HCPro’s book, More With Less: Best Practices for HIM Directors, Second Edition. For more information, visit www.hcmarketplace.com/prod-5170.html.
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