Medical Records Retention Laws by State (2026): Physicians, Hospitals, Minors | Omega Medical Records
Retention laws

Medical records retention laws by state

Pick your state and practice type. The schedule shows the state rule for adults and minors, the citation, the federal rules that stack on top, and what changes when you close the practice. Georgia has been checked against the current statute text; the other states start from the HHS/ONC compilation of state medical record laws.

Last updated September 14, 2026

1. Choose your state

SelectedDot: checked against the current rule text

2. Describe your practice

Each option adds the federal rule that applies to it. The result always shows the longest period that applies.

General information, not legal advice. Retention periods are summarized from public statutes and rules; Georgia was checked against the current statute text on September 14, 2026, and the remaining states start from the HHS/ONC State Medical Record Laws compilation and secondary summaries. Laws change. Confirm your obligations with your licensing board and an attorney before you destroy any record.
Federal rules that apply everywhere

Retention rules that stack on top of state law

RuleApplies toMinimum periodCitation
HIPAA documentationAll covered entities6 years for policies, procedures, and authorizations (not the medical record itself)45 CFR § 164.316(b)(2)
Medicare Conditions of ParticipationHospitals5 years42 CFR § 482.24(b)(1)
Critical access hospitalsCAHs6 years from last entry42 CFR § 485.638(c)
Medicare AdvantageContracted providers10 years42 CFR § 422.504(d)
MQSAMammography facilities5 years, or 10 if no later mammogram at the facility21 CFR § 900.12(c)(4)
FAQ

Retention law questions

How long do physicians have to keep medical records?

It depends on the state. Most states require physician offices to keep adult records for 5 to 10 years after the last visit or the last entry, and many extend that for minors until a few years past age 18. Georgia requires 10 years from the date each item was created; Florida 5 years after the last contact; Texas 7 years from the last treatment; New York 6 years from the last visit. Some states set no physician-specific period and practices follow the hospital rule or their malpractice carrier's guidance.

Does HIPAA set a medical record retention period?

No. HIPAA requires covered entities to keep compliance documentation such as policies, procedures, and authorizations for 6 years (45 CFR § 164.316). The retention period for the medical record itself comes from state law and licensing board rules, plus federal program rules such as Medicare Advantage.

How long must medical records of minors be kept?

Longer than adult records in most states. Common formulas are a set number of years past the age of majority (Georgia hospitals: 5 years past 18), or the standard period or a fixed age, whichever is longer (Texas physicians: 7 years or until age 21). Always check the minor rule for your practice type, because hospital and physician rules often differ.

What happens to medical records when a doctor retires?

The retention obligation continues. The physician must keep the records available for the state's period, notify patients, and in most states inform the licensing board who holds the records. Physicians usually meet this by appointing a medical records custodian such as Omega Medical Records to hold the records and fulfill requests.

Is this legal advice?

No. The schedules here summarize public statutes and rules as of the review date, with citations so you can read the source. Laws change and every practice is different. Confirm your obligations with your state licensing board and an attorney before you set a destruction date.

Ready to transfer custody?

Omega applies the right schedule for your state, holds the records for the full period, and handles every request.