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Medical Records Collection, Retention, and Access in Minnesota

            Minnesota law requires all physicians to maintain adequate medical records on each patient, and provide those records as required by law.  If a physician fails to follow these requirements, the Minnesota Board of Medical Practice may refuse to grant a license or impose disciplinary action against the physician.1  Minnesota also requires that all hospitals maintain accurate and complete medical records on each patient from admission to discharge.  The law requires hospitals to retain medical records for seven years.2  The hospital medical records must include basic identifying information about the patient as well as clinical data regarding diagnosis and treatment.3

            Minnesota also has requirements that an individual chart and record must be kept for each patient admitted to a nursing home.4  The medical record must be created for each patient within 72 hours of admission.  The medical record must include identifying information of each patient.  At the time of discharge or death, the medical record should be completed with the relevant information such as date and time of discharge, reason for discharge, and/or date and time of death.5   The law also requires that medical records be stored in an easily accessible, secure area at the nurses’ station as it is a central area.6  Minnesota regulations also require that nursing homes retain medical records for at least five years after death or discharge.7

            Minnesota also sets forth the requirements for providers who participate in Medicaid.  A participating provider with Medicaid or Medicare or other medical assistance program must maintain medical records, health care records, financial records, including appointment books and billing transmittal forms for five (5) years.8  The records can be transferred to an electronic system after the fourth or fifth year of billing.  Providers must maintain and store records that allow the Department of Human Services to inspect records when needed.9  The medical record must include basic information about the patient as well as clinical or diagnostic information about the treatment provided by the provider.10  Medicaid participating providers must also maintain financial records that contain the provider’s financial information, such as billing records, accounting records, and employee records.11  Medicaid providers must give the Department of Human Services access to health service records and financial records in order to monitor fraud and abuse.12  The law also requires that Medicaid participating providers maintain certain other records, including detailed ownership information, property information, and statistical data.  This information must be reported to the Department of Human Services annually.13

            The state of Minnesota has also established regulations for recordkeeping in Community Health Clinics.  A community health clinic is defined as a non-profit, tax-exempt entity that was established to serve underserved populations.  Specifically, for the community health center to receive medical assistance payments, such as Medicaid or CHIP, the clinic must have in writing, a list of health care services that it provides, policies about the medical management of health conditions, and policies regarding the maintenance of medical records by physicians in the clinic.14

            Minnesota law also takes steps to provide patients access to their medical records and health information.  Patients have the right to access their complete medical record from their health care provider, and have the right to know when disclosures of health information can be made.  The law provides an exception to the access rule if the provider believes that it would be detrimental to the patient or others to have access to his or her own medical record.  Providers are also authorized to charge patients reasonable fees for copies of medical records.15  Minnesota also permits other individuals to have access to the medical records of a patient being treated for a mental illness if the patient authorizes the access and the individual makes the request in writing.16  Enforcement of medical record access laws is left up to the appropriate licensing body that can discipline the provider for violations.17  Minnesota law also provides consumers access to personal information held by health insurance companies upon written request.  In responding to the request, the insurance company must also include procedures on how to correct, delete or modify the information.  The insurance company may charge a fee for providing the information.18

 

Footnotes

  • 1. M.S.A. §147.091
  • 2. M.S.A. §145.32
  • 3. MN ADC 4640.1000; MN ADC 4640.1100
  • 4. MN ADC 4655.3200
  • 5. MN ADC 4655.3300
  • 6. MN ADC 4655.3500; 4655.3600
  • 7. MN ADC 4655.3600; MN ADC 4658.0470
  • 8. MN ADC 9505.0205
  • 9. MN ADC 9505.2190
  • 10. MN ADC 9505.2175
  • 11. MN ADC 9505.2180
  • 12. MN ADC 9505.2185
  • 13. MN ADC 9549.0041
  • 14. MN ADC 9505.0255
  • 15. M.S.A. §144.292
  • 16. M.S.A. §144.294
  • 17. M.S.A. §144.298
  • 18. M.S.A. §72A.497

 

Medical Records Collection, Retention, and Access in Minnesota

Subtopic Statute/Regulation Description
Medical Records Collection, Retention, and Access M.S.A. §144.292 Patient Rights When requested by the patient, the provider should supply the full medical record, including all information regarding treatment,...
M.S.A. §144.294 Records Relating to Mental Health If a spouse, child or other individual submits a written request to receive information regarding a patient who is...
M.S.A. §144.298 Penalties Violations of laws regarding patient access to his or her own medical records may subject the provider to disciplinary actions by the...
M.S.A. §145.32 Old Records may be Destroyed Hospital records may be destroyed by the hospital superintendent or chief administrative officer with the consent and...
M.S.A. §147.091 Grounds for disciplinary action Among the grounds listed for the Board of Medical Practice to take action against a physician, are the disclosure of...
M.S.A. §72A.497 Access to Personal Information Upon written request by an individual, an insurance company must provide any personal information requested to the...
MINN. STAT. § 145.32 - Old records may be destroyed under the health law Hospitals must retain medical records for 7 years. In the case of a minor patient, the hospital must retain the record for 7 years after the patient...
MN ADC 4640.1000 Medical Records All hospitals must maintain accurate and complete medical records on each patient from admission to discharge.  To be considered...
MN ADC 4640.1100 Hospital Records Hospital records that must be maintained include record of admission and discharge, patient days, average length of stay, number of...
MN ADC 4655.3200 Patient or Resident Care Record An individual chart and record must be kept for each patient admitted to the home.    The medical...
MN ADC 4655.3300 Admission Record A medical record must be created for each patient within 72 hours of admission.  The medical record must have identifying...
MN ADC 4655.3500 Filing and Disposition of Records Patient records must be stored in a central control point area of the nurses’ stations.  Patients...
MN ADC 4655.3600 Storage and Preservation of Records Medical records must be stored in a safe area at the nurses’ stations, which is a central control point for...
MN ADC 4658.0470 Retention, Storage and Retrieval The medical record of a nursing home resident must be keptafte for five yearsr death or discharge.  All...
MN ADC 9505.0205 Provider Records A participating provider with Medicaid or Medicare or other medical assistance programs must maintain medical records, health care...
MN ADC 9505.0255 Community Health Clinic Services A community health clinic is defined as a non-profit, tax-exempt entity that was established to serve underserved...
MN ADC 9505.2175 Health Service Records As a condition for payment under a medical assistance program such as Medicaid, the provider or vendor must document each...
MN ADC 9505.2185 Access to Records A recipient of medical assistance (Medicaid or Medicare or other medical assistance program beneficiary) is assumed to have...
MN ADC 9505.2190 Retention of Records A vendor or provider of Medicaid or other medical assistance programs must keep all health service and financial records for at...
MN. Statutes § 144.293 – Release or Disclosure of Health Records Patient records cannot be released without: a signed and dated consent from the patient or the patient's legally authorized representative...