In all nursing facilities, federal government requires retention of Medical Records at different lengths. Two states could be compared based on the number of years the records should be kept. In Illinois, medical records should be retained for a period of 5 years. While in Michigan a different law applies, wherein files should be retained for a period of 6 years. In Illinois, the law requires the discharged residents to be compiled in an inactive file with a few requirements.
Records of residents who are discharged before turning 18 must be kept until such time that the resident reaches the age of 23. On the other hand, patients older than 18, who were discharged, should retain the inactive file for a minimum period of 5 years. Also, the law requires that files of residents who died should be kept for a minimum length of 5 years. In the state of Michigan, all nursing facilities are required to keep records of residents for 6 years from the time of discharge.
For minors, the facility should maintain the records for up to 3 years until the resident from the time of discharge comes of legal age under the respective state law, whichever length is longer. Also, the Medicaid providers of Michigan state shall keep records of services rendered with the documentation of medical necessity, appropriateness and quality of services for the same period of 6 years. Federal requirements for Illinois state may be found in the Illinois Administrative Code Title 77 Section 300. 1840 (a) (b).
The federal requirement for the retention of medical records in Michigan could be referenced in the Michigan Administrative Code r. 325. 21102 (1987), while the law for the Medicaid retention of records also in Michigan may be referenced in the regulation MCL 400-111b(6) and (8). Each state has their own state requirements and federal requirements for retaining the client’s records almost always from the time of discharge, death or time when the case has been resolved.
REFERENCES Calloway, S (2006, June 29). Record Retention Periods. Retrieved August 4, 2009, from Phoenix Health Systems Web site: http://www. glrm-online. com/pdfs/HIPAA%20Record%20Retention%20Periods%202006. pdf Johnson, D (2004 September). State by State Medical Record Retention Laws: Nursing Facilities. Retrieved August 4, 2009, from Life Care Centers of America Web site: http://www. ahcancal. org/facility_operations/hipaa/Documents/state_mr_retention_laws. pdf