HIPAA Retention Requirements

August 5, 2024

Table of content(s)

1. Introduction 
2. What are HIPAA retention requirements?
3. Why are there no HIPAA medical record retention periods?
4. What is the duration of record retention under HIPAA?
5. What are the other HIPAA retention requirements?
6. Conclusion 

The HIPAA retention requirements are documents that you must maintain for six years from the date of their creation or from the date on which they were in effect. It was necessary to clarify the documents to prevent confusion between the HIPAA retention requirements and state medical record retention requirements. 

Throughout the Administrative Simplification of HIPAA, there are multiple references to HIPAA data retention. These are subdivided into two categories, including HIPAA medical records retention and HIPAA records retention requirements. Keep reading more about the HIPAA retention requirements here in this guide. 

What are HIPAA retention requirements?

HIPAA retention requirements are vital for healthcare providers and insurers handling protected health information (PHI). HIPAA makes it a mandate for involved parties to retain specific documents for at least six years from the start or the date they were last in effect. This includes communications, medical records, and policies related to privacy practices. The primary aim of the requirements is to ensure the availability of PHI and protect patient privacy. 

The adherence steps involve regular adults, secure storage solutions, and data management policies. If you fail to comply, it can lead to fines and legal consequences. These retention requirements enable organizations to protect patient information and enhance data security and compliance. 

Why are there no HIPAA record retention periods?

Despite the comprehensive regulations of HIPAA on handling and protecting protected health information (PHI), it does not mandate a minimum retention period for medical records. Here are the key reasons: 

1. State law variability:

Medical record retention periods vary. Each state sets its own requirements. HIPAA defers to the laws and ensures that the strictest application regulations are followed without an additional federal layer. 

2. Focuses on privacy and security:

The primary concern of HIPAA is to safeguard PHI’s privacy and security instead of dictating how long records must be kept. The focus is to ensure that while records are retained, they are protected from breaches. 

3. Flexibility for different entries: 

Insurers, healthcare providers, and protected parties have several operational needs. HIPAA allows these entities to adopt retention schedules that suit their organizational practices while meeting state and other federal laws. 

4. Regulatory compliance:

Although HIPAA does not have any retention periods, other federal regulations do. Protected parties must navigate and follow the overlapping requirements. This makes HIPAA’s lack of a mandate a non-issue in practice. 

Read more: What is Considered Protected Health Information Under HIPAA?

What is the duration of record retention under HIPAA?

The duration of record retention is not mandated for medical records. However, it does not specify the retention periods for a few documents relevant to privacy practices. Here are the requirements listed below: 

1. General retention requirements:

HIPAA mandates that business associates retain documentation relevant to compliance efforts for at least six years. This comprises policies, procedures, and actions related to HIPAA compliance. 

2. Privacy rule documentation: 

Entities must retain all necessary documentation as required by the HIPAA privacy rule. This includes consents, privacy practices, authorizations, and records of disclosures. These need to be maintained for at least six years from the date of their creation, or the date when they were last in effect. 

3. Security rule documentation:

Protected parties must retain records relevant to the security practices, including security incident reports and risk assessments. This needs to be maintained for at least six years.

4. Breach notification rule documentation:

You must keep records of responses and breach notifications to such breaches for six years. This ensures that the involved parties can show their compliance with notification requirements during any data breach. 

5. State law considerations:

Along with HIPAA’s federal requirements, state laws have longer retention periods for medical records. Involved parties must follow both HIPAA and state-specific regulations. They must follow whichever rule is stricter.

6. Best practices for compliance:

Protected parties must implement comprehensive record-keeping policies. They must audit the practices regularly and use secure and reliable storage solutions. It is crucial to maintain accessible records. This is because the required duration is crucial to HIPAA compliance and avoiding potential financial and legal penalties. 

Read more: Most Common HIPAA Violations You Should Avoid

What are the other HIPAA retention requirements?

Although there are no HIPAA retention requirements for medical records, there are requirements for how long other HIPAA-related documents must be retained. These are covered in 45 CFR 164.316 and 45 CFR 164.530. Both of these standards mandate that the documents must be retained for a minimum of six years. For example, if a policy is implemented for three years before being revised, then you must retain the record of the original policy for a minimum of nine years after its creation. These HIPAA record retention requirements preempt state laws when they need shorter periods of document retention. 

Here are the common types of documents: 

• Notices of privacy practices 
• Risk assessment and risk analyses 
• Incident and breach notification documentation 
• Logs recording access to and updating of PHI 
• IT security system reviews 
• Authorization for disclosures of PHI

Conclusion 

Understanding HIPAA retention requirements is vital for safeguarding protected health information (PHI). This helps ensure compliance with state and federal regulations. Although there is no specific retention period for medical records, it is a mandate that the documentation related to privacy practices, security measures, and breath notifications be retained for a minimum of six years. This will help in the regular auditing of practices. Moreover, protected parties can avoid legal pitfalls and protect patient information successfully.