Medical Records Retention Requirements for Ohio

Ohio doesnt have a general law requiring records to be kept for a certain length of time. But according
to the Ohio Administrative Code 3701-83-11, any licensed health care facility must maintain medical
records for at least six (6) years from the date of discharge. Furthermore, also as a condition of
licensure, the following must retain medical records for a designated time period:
Provider of health care services Five (5) years from the date of discharge
Residential care facility Seven (7) years from the date of discharge
Nursing homes Seven (7) years from date of discharge
Free standing or mobile diagnostic imaging center Six (6) years from date of service
Adult care facility Two (2) years after the resident is permanently transferred, discharged, or
passes away.
Chiropractors Minimum of five (5) years
Pharmacies Patient profile maintained by dispensing pharmacist must be maintained for at
least one (1) year from the date of the last entry into the patient profile. Records relating to the
practice of pharmacy must be retained for three (3) years.
AHIMA makes the following recommendations for retention of files:
Diagnostic images (such x-ray film) Five (5) years
Fetal heart monitor records Ten (10) years after the infant reaches the age of majority
Master Patient Index (MPI) Permanently
Patient health/medical records (adults) Ten (10) years after most recent encounter
Patient health/medical records (minors) Age of majority plus statute of limitations
Register of births and deaths Permanently
Register of surgical procedures Permanently
Immunization records Permanently
It is recommended that in all cases, medical records should be retained for the length of the statute of
limitations for medical malpractice claims, according to state laws. In Ohio, the timeframe for the
statute of limitations isnt a straight forward answer. Ohio law states that a medical malpractice claim
must be brought within one (1) year after the cause of action accrued and must be filed within four (4)
years regardless. There are situations where the statute can be extended. Two exceptions to the law
are:
Wrongful death case - the statute of limitations is two (2) years after the date of death
Case of a minor the statute of limitations doesnt begin until the minor has reached his or her
eighteenth (18th) birthday
Any records of patients that are covered by Medicare or Medicaid must be kept at least five (5) years.
Ohio Revised Code 2913.40 (D) (Medicaid Fraud) requires records associated with Medicaid to be
retained for at least six (6) years after reimbursement for the claim is received by the physician. It is
recommended that Medicare related records also be kept for at least six (6) years after the physician
received payment for the services rendered. The Centers for Medicare and Medicaid Services (CMS)
requires managed care facilities to retain records for ten (10) years. The Health Insurance Portability
and Accountability Act (HIPAA) of 1996 requires covered entities, such as a physician billing Medicare, to
retain documentation for six (6) years from the date of creation or the date when it was last in effect,
whichever is later.

References

The Academy of Medicine of Cleveland and Northern Ohio. (2013). Medical Records Fact Sheet, New
Fees Effective January 2013. Retrieved from
http://www.amcno.org/pdf/Medical%20Records%20Fact%20Sheet%20Update%20Effective%20January
%202013%20updated%202-21-13.pdf

Health Information & the Law. (2012). Medical Records Collection, Retention, and Access in Ohio.
Retrieved from http://www.healthinfolaw.org/state-topics/36,60
American Medical Association. (June 1994). Opinion 7.05 Retention of Medical Records. Retrieved
from http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medicalethics/opinion705.page?

FindLaw. Ohio Civil Statute of Limitations Laws. Retrieved from http://statelaws.findlaw.com/ohiolaw/ohio-civil-statute-of-limitations-laws.html

Whaley, Mary Pat. (August 2010). CMS Releases Record Retention Guidelines. Retrieved from
http://managemypractice.com/cms-releases-record-retention-guidelines/

Volpe, MD, Anthony, Associate Medical Director / Director of Professional Liability and Risk
Management. (Fall 2009). Medical Records Retention for Physicians Offices. Retrieved from
http://www.themgo.com/MGOPublications/QualityMatters/MedicalRecordsRetentionforPhysiciansOfficesF
all2009.aspx