The Board of Directors of MHIMA has been working with the Government Affairs Office of Henry Ford Health System to seek legislation regarding retention of health records. A proposed statute has been developed and forwarded to that office. We will be using the resources of Henry Ford Health System to assist us with contacts with the legislators in order to find an interested and willing legislator to sponsor the initiative. The language we proposed would then be submitted to a bill drafter to draft the legislation. Following this, MHIMA and other organizations we solicit, must support the legislation through letters, meetings or testimony. Because this project will take time to reach fruition, the Board of Directors has developed the following position statement regarding retention of records.

Each healthcare provider should ensure that patient health information is available to meet the needs of continued patient care, legal requirements, research, education and other legitimate uses. To assist its members, the Michigan Health Information Management Association has researched the record retention guidelines of AHIMA, the State of Michigan and federal regulations.

The State of Michigan's specific requirements are as follows:

1. Nursing homes must maintain clinical records for a minimum of six years from discharge or, in the case of a minor, three years after the individual comes of age under state law, whichever is longer. (Michigan Administrative Code)

2. Medicaid providers must maintain records substantiating the medical necessity, appropriateness and quality of services rendered for which a Medicaid claims is made for a period of six years. (Michigan Compiled Laws)

3. Clinical Laboratories shall preserve original or duplicate laboratory reports at least one year. (MDCH)

4. Dentists must retain their records of treatment for a period of not less than 10 years after the performance of last service upon the patient. (Michigan Compiled Laws)

5. Outpatient and residential substance abuse records are required to be maintained for a minimum of three years after services are discontinued. (OSAS)

6. Michigan goes not have any definitive policy on hospital record retention and destruction.

Federal Regulations: The majority of regulations for clinics, home health agencies, hospitals, long term care facilities or psychiatric hospitals either do not specify any retention periods or recommend five or six years.

AHIMA recommends that in the absence of specific state requirements for record retention, providers should keep health information for at least the period specified by the state's statute of limitations.

Therefore, the Michigan Health Information Management Association recommends the following retention standards:

1. Adult patient health/medical records: 10 years after the most recent encounter.

2. Minor patient health/medical records: Age of majority plus statute of limitations. (two years)

Adopted by MHIMA Board January 19, 2001

Carol Jaeger, RHIA

FROM:  AHIMA ADVANTAGE E_ALERT, VOLUME 2, ISSUE 13- November 21, 2000 - Electronic Newsletter of AHIMA.

ELECTRONIC ACCESS TO COURT FILES

The Judicial Conference of the US Subcommittee on Privacy and Electronic Access to Court Files has raised an important question that could affect the privacy and confidentiality of patient records. The Subcommittee seeks comment on its potential policies addressing "issues of privacy and security concerns related to the electronic availability of court case files." These policies were published in the November 8 Federal Register (65FR67017-67019). The Privacy and Electronic Access recommendations do not carry a clear message that information such as medical records should always be private. Rather, the guidelines suggest that the court could either define different levels of electonic access, or decide-on a case by case basis- what records will be made public. The recommendations also note that there must be a balance between access and privacy interests in making such decisions. Comments are due by January 26, 2001. The Federal Register can be accessed at http://www.access.gpo.gov/nara/.

INFORMATION SUBMITTED BY

Carol Jaeger, RHIA