As a Florida physician employed by a group practice, ensuring compliance with medical record retention laws is critical for patient care and legal protection. Here’s a streamlined guide:
- Retention Period: Florida law (Rule 64B8-10.002, FAC) requires keeping patient records for at least 5 years from the last patient contact. However, due to the 7-year statute of limitations for medical malpractice claims (F.S. 95.11), retain records for a minimum of 7 years. For minors, keep records until age 25 (age of majority plus 7 years) to cover potential claims.
- Group Practice Dynamics: If your employment agreement designates the group as the “records owner” (F.S. 456.057), the group is primarily responsible for retention and patient notification upon practice changes (e.g., closure, relocation). Review your contract to confirm ownership—typically, the group retains control, but you may need access for continuity or defense purposes.
- Practical Steps:
- Verify Policy: Confirm your group’s record retention policy aligns with the 7-year minimum and HIPAA’s 6-year requirement for compliance documents (e.g., privacy policies).
- Secure Storage: Ensure records are stored securely (e.g., encrypted EHRs or locked files) to comply with HIPAA and state privacy laws.
- Access Copies: Request copies of records you generated if leaving the group—F.S. 456.057 allows release of your notes with written request, protecting you in case of audits or lawsuits.
- Patient Notification: If the group closes or relocates, it must notify patients via newspaper ads (4 weeks) and report to the Board of Medicine within 30 days (Rule 64B8-10.002(4)). Coordinate with your employer to avoid gaps.
- Why It Matters: Non-compliance risks disciplinary action from the Florida Board of Medicine or liability exposure. For ECMA members in North Florida, where rural patient follow-up can be challenging, robust retention ensures continuity and legal readiness.
Tip: Consult your malpractice insurer—many recommend 10 years—and consider a custodial agreement if the group dissolves, ensuring records remain accessible.
Transferring Patient Health Records When Selling or Closing a Practice
https://emeraldcoastmedicalassociation.com/closing-or-relocating/
