Patient Records: What to Keep, How Long to Keep It, and When to Destroy It

January 23, 2026

 

Looking to bring that “New Year, New Me” energy into your practice by clearing out records in the practice? Not so fast. It’s not as simple to declutter Protected Health Information (PHI) as it is your closet of old clothes. 

Each state upholds strict retention requirements, ensuring that PHI is secure and accessible for several years before proper disposal. 

That’s why we’re breaking down the retention rules today, so that whatever you shred today doesn’t become a legal headache tomorrow. 

 

So, how long? 

Like most legal requirements, it depends on the situation and what state you’re in. Each state medical board’s goal is to give patients plenty of time to request their records and ensure their data is protected by the high standards they deserve.

Although these are mandates, your practice must also comply with any stricter state-specific guidelines. Some states require records to be kept for a minimum of 10 years, and the duration may depend on whether the documents pertain to a minor or an adult. For example, in North Dakota, minor records must be held, at a minimum, until the patient turns 21. 

It also depends on whether your organization is considered a hospital or a smaller practice. Hospitals usually have stricter requirements. In Colorado, hospitals must preserve records for at least 10 years. If the patient is a minor, these 10 years start after the patient turns 18. 

The Office for Civil Rights (OCR) also requires that all compliance documentation, such as policies, procedures, and Security Risk Analyses (SRAs), be retained for at least 6 years after creation, including the date it was in effect. 

Overall, when in doubt, hold onto records and consult with legal counsel before disposing of any documentation. 

 

How do I properly dispose of documentation? 

Throwing documentation into the recycling bin isn’t going to cut it. When disposing of sensitive PHI, you must ensure that records are destroyed so that they cannot be linked to a patient. This includes shredding, burning, or pulverizing the records. In terms of ePHI (electronic Protected Health Information), clearing the records with compliant software or physically destroying the device is key to ensuring PHI is correctly disposed of. 

Business Associates can assist with these processes, specializing in the disposal of sensitive data. 

 

How do I streamline compliance? 

Handling documentation is just the tip of the iceberg when it comes to compliance. 

Thankfully, intelligent software can simplify compliance for your practice by providing training, policies, and procedures to guide staff in remaining compliant. Questions like handling the disposal of documentation can be answered quickly on the platform by on-call compliance experts. 

Meet with our team today to learn more about HIPAA compliance for your practice. 

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