Legal Question in Health Care Law in Florida

Patient charts

I recently purchased an existing medical practice. The previous physician was at this practice for 20+ yrs. I would like to know how long am I required by law to keep old patient records(charts) and billing information. I would greatly appreciate an answer, as I would like to emtpy out some space. Thank you.


Asked on 1/07/04, 12:57 am

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: Patient charts

Florida law requires physicians to retain medical records for 5 years. HOWEVER, you cannot destroy documents that are crucial to the ongoing medical services of a patient or part of a lawsuit. Also, keep in mind that malpractice claims can be brought 2 years after a person reaches the age of majority. Also, Medicare and Medicaid can perform audits (they have been known to go back 7+ years).

It is highly recommended to retain these documents for at least 7 years ON SITE, and for anything over that time it may be advisable to either store elsewhere or transfer to microfilm rather than destroy. Remember to keep all documents confidential. Additionally, simple notes and emails are now being looked at as being part of records.

Should you have any other questions or wish to discuss further with me, please feel free to contact me via email or phone at (407) 353-4728.

Please note: This communication is intended only for purposes of general discussion of legal principles and is NOT intended for legal advice. Before taking any action, it is highly recommended that you first seek advice from an attorney in your jurisdiction. DO NOT rely on or take action based on this response.

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Answered on 1/08/04, 12:35 pm


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