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Subject:
From:
charlene martin <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Tue, 24 Mar 2015 17:59:26 -0400
Content-Type:
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Robert, I think you may be asking about federal regulations for retention
beyond the period when a patient file is active (patient dies or is no
longer a customer). I do not work in a medical archive, but have to deal
with retention issues regarding a few medical records is my
archives/records collection.

I recently discovered this helpful information:

federal regulations to review, revised in 2009:
Health Information Technology for Clinical Health (HITECH) Act/2009
Health Insurance Portability and Acountability Act (HIPAA)/amended 2009

links to state dental organizations and state regulations available here:
http://www.ada.org/ada/organizations/searchcons1.asp

   - From what I have read, record retention is mandated by state law, and
   it seems standard that records may be destroyed for inactive adult patients
   who have not been seen in seven years. Records of inactive minors generally
   should not be destroyed until seven years after they reach maturity (21
   years, or 21 plus 7 years in some states).  If you think you still need to
   list federal as well as state regulations in your record schedule, you'll
   want to see if the HIPAA regulations listed above touch on this.
   - If a patient is transferring to another dentist or healthcare provider
   voluntarily or a dental business is closing/being sold, HIPAA mandates that
   PHI cannot be handed from one doctor to another without the patient’s
   written permission. If the patient does not sign a transfer document, the
   patient becomes inactive, and the current dental practitioner is
   responsible for retaining those records 7 years.
   - Google search "Council on Dental Practice Division of Legal Affairs
   Laney Kay" to download a free and excellent PDF handbook on medical/dental
   record retention.

Hope this helps!



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