Free lookup tool · Last verified 2026-10-11
Medical record retention by state: hospital lookup
Hospitals must keep medical records for at least 5 years under the federal Medicare Conditions of Participation (42 CFR 482.24(b)(1)), and most states require longer. Where a state sets a hospital period, it runs from 5 years to 26 years in Washington, with Massachusetts at 20. Records of minors usually run past the age of majority. Apply the longest rule.
51
States plus DC
5 years
Federal hospital minimum
26 years
Longest fixed period (WA)
6
No state period set
Look up a state
Pick a state to see its adult retention period, minors rule and citation. The federal Medicare minimum of 5 years (42 CFR 482.24(b)(1)) applies everywhere; use the longer rule.
Showing 51 of 51
| State | Adult period | Minors | Citation |
|---|---|---|---|
State rule | At least 5 years | At least 5 years after the patient reaches the age of majority | Ala. Admin. Code r. 420-5-7-.13 (opens in a new tab) |
State rule | 7 years after discharge | Patients under 19: until at least 2 years after age 19, or 7 years after discharge, whichever is longer | Alaska Stat. § 18.20.085(a) (opens in a new tab) |
State rule | At least 6 years after the last date of service | At least 3 years after the 18th birthday or 6 years after the last date of service, whichever is later | Ariz. Rev. Stat. § 12-2297 (opens in a new tab) |
State rule | 10 years after the last discharge | Complete records kept 2 years after the age of majority | Rules for Hospitals and Related Institutions in Arkansas, § 14(A)(19) (Ark. Code R. 007.05.20-008) (opens in a new tab) |
State rule | 7 years after discharge | Unemancipated minors: at least 1 year after age 18, and never less than 7 years | Cal. Code Regs. tit. 22, § 70751(c) (opens in a new tab) |
State rule | 10 years after the most recent patient care use of the record | Period of minority plus 10 years (until age 28), or 10 years after the most recent use, whichever is later | 6 CCR 1011-1, Ch. 4 (General Hospitals), Part 10, § 10.6 (opens in a new tab) |
State rule | At least 10 years after discharge (general and special hospitals) | Not stated | Conn. Agencies Regs. § 19-13-D3(d)(6) (opens in a new tab) |
No state period | No state hospital retention period. Follow the federal CoP minimum (5 years) and payer and litigation needs | Not stated | 16 Del. Admin. Code 4407 (Hospital Standards) (opens in a new tab) |
State rule | At least 10 years after discharge | Until 3 years after the age of majority | D.C. Mun. Regs. tit. 22-B, § 2030.7 (opens in a new tab) |
State rule | Public hospitals: 7 years after the last entry. Private hospitals: no state period; follow the federal CoP minimum | Public hospitals, patients under 1 year of age: until the 8th birthday (GS4 Item #130) | Florida General Records Schedule GS4, Item #80 (opens in a new tab) |
State rule | At least 5 years after discharge | At least 5 years past the age of majority | Ga. Comp. R. & Regs. 111-8-40-.18(h) (opens in a new tab) |
State rule | Full record: 7 years after the last entry. Basic information: 25 years after the last entry | Full record: minority plus 7 years after the age of majority. Basic information: minority plus 25 years | Haw. Rev. Stat. § 622-58 (opens in a new tab) |
No state period | No general hospital record period. Follow the federal CoP minimum (5 years) and payer and litigation needs | X-ray film: 5 years after exposure or 5 years after the age of majority, whichever is later | Idaho Code § 39-1394 (opens in a new tab) |
State rule | At least 10 years | Not stated | 210 ILCS 85/6.17(c) (opens in a new tab) |
State rule | At least 7 years | Not stated | Ind. Code § 16-39-7-1 (opens in a new tab) |
No state period | No fixed period. Records are kept in line with the statute of limitations in Iowa Code ch. 614; the federal CoP minimum (5 years) also applies | Not stated | Iowa Admin. Code r. 481-51.10(1) (opens in a new tab) |
State rule | 10 years after the last discharge | 10 years after the last discharge or 1 year beyond the age of majority, whichever is longer | Kan. Admin. Regs. § 28-34-9a(d)(1) (opens in a new tab) |
State rule | At least 6 years from discharge | 3 years after the age of majority, if longer | 902 KAR 20:016 (opens in a new tab) |
State rule | At least 10 years from discharge | Not stated | La. Rev. Stat. § 40:2144(F) (opens in a new tab) |
State rule | 7 years | At least 6 years after the age of majority | 10-144 C.M.R. ch. 112, § 3.5.5 (opens in a new tab) |
State rule | 7 years after the record is made, unless the patient is notified before earlier destruction | Until the age of majority plus 7 years, unless the parent or guardian is notified | Md. Code, Health-Gen. § 4-403 (opens in a new tab) |
State rule | 20 years after discharge or final treatment | Not stated | Mass. Gen. Laws ch. 111, § 70 (opens in a new tab) |
State rule | At least 7 years from the date of service | Not stated | Mich. Comp. Laws § 333.20175(2) (opens in a new tab) |
State rule | Individual permanent medical record: permanently. Other portions may be destroyed after 7 years | All portions: 7 years or until the age of majority, whichever is later | Minn. Stat. § 145.32 (opens in a new tab) |
State rule | At least 10 years from discharge | Not stated | Miss. Code Ann. § 41-9-69(1) (opens in a new tab) |
State rule | At least 10 years | Until the 20th birthday, whichever is later | 19 CSR 30-20.015(17) (opens in a new tab) |
State rule | At least 10 years after discharge or death | At least 10 years after the age of majority, or after death if earlier | Mont. Admin. R. 37.106.402 (opens in a new tab) |
State rule | At least 7 years from each service date | Not stated | 175 Neb. Admin. Code ch. 1, § 008.03 (opens in a new tab) |
State rule | 5 years after the record is received or produced | Not destroyed before the patient turns 23 | Nev. Rev. Stat. § 629.051 (opens in a new tab) |
State rule | 7 years after discharge | At least 1 year after age 18, and not less than 7 years after discharge | N.H. Code Admin. R. He-P 802.20(g) (opens in a new tab) |
State rule | 10 years after the most recent discharge | Until age 23, if longer | N.J. Stat. Ann. § 26:8-5 (opens in a new tab) |
State rule | 10 years after the last discharge | Not stated | N.M. Stat. Ann. § 14-6-2 (opens in a new tab) |
State rule | At least 6 years from discharge, or at least 6 years after death | 3 years after age 18, if longer | 10 NYCRR § 405.10(a)(4) (opens in a new tab) |
State rule | 11 years after discharge | Until the patient's 30th birthday | 10A NCAC 13B .3903 (opens in a new tab) |
State rule | At least 10 years after the last treatment | Under 18 at last treatment: until the 21st birthday or 10 years after last treatment, whichever is later | N.D. Admin. Code § 33-07-01.1-20 (opens in a new tab) |
No state period | No state hospital retention period. Follow the federal CoP minimum (5 years) and payer and litigation needs | Not stated | Ohio Admin. Code 3701-83-11; Ohio Rev. Code 3702.30 (opens in a new tab) |
State rule | At least 5 years after the patient was last seen, or at least 3 years after death | Newborns and minors: 3 years past the age of majority | Okla. Admin. Code § 310:667-19-14(a) (opens in a new tab) |
State rule | At least 10 years after discharge | Not stated | Or. Admin. R. 333-505-0050(14) (opens in a new tab) |
State rule | At least 7 years after discharge | Until majority, then 7 years or as long as adult records are kept | 28 Pa. Code § 115.23 (opens in a new tab) |
State rule | At least 5 years after discharge | At least 5 years after age 18 | 216-RICR-40-10-4.6.10(J) (opens in a new tab) |
State rule | Not destroyed before 10 years | Until after the period of election following majority, as set by statute, ends | S.C. Code Regs. 61-16, § 1107 (opens in a new tab) |
State rule | At least 10 years from the date of service | Age of majority plus 2 years, and not less than 10 years from the date of service | S.D. Admin. R. 44:75:09:06 (opens in a new tab) |
State rule | 10 years after discharge, or after death during treatment | Period of minority or known mental disability plus 1 year, or 10 years after discharge, whichever is longer | Tenn. Code Ann. § 68-11-305(a) (opens in a new tab) |
State rule | 10 years after the last treatment | Under 18 at last treatment: until age 20 or 10 years after last treatment, whichever is later | Tex. Health & Safety Code § 241.103 (opens in a new tab) |
State rule | At least 7 years | Until age 18 plus 4 years, and never less than 7 years | Utah Admin. Code R432-100-35 (opens in a new tab) |
State rule | At least 10 years | Not stated | Vt. Stat. Ann. tit. 18, § 1905(8) (opens in a new tab) |
State rule | At least 5 years after discharge | At least 5 years after age 18 | 12VAC5-410-370(F) (opens in a new tab) |
State rule | At least 26 years from the date the record was created | Not stated | Wash. Rev. Code § 70.41.190(1) (opens in a new tab) |
State rule | At least 5 years | Not stated | W. Va. Code R. § 64-12-7.2.6 (opens in a new tab) |
No state period | No separate state period. State law adopts the Medicare CoP as the hospital minimum, so 5 years applies | Not stated | Wis. Stat. § 50.36(1); 42 CFR 482.24(b)(1) (opens in a new tab) |
No state period | No fixed state period. Public hospitals follow State Archives retention schedules; others follow the federal CoP minimum (5 years) | Not stated | Wyo. Dept. of Health Rules, ch. 12 (Licensure of Hospitals), § 23(c) (opens in a new tab) |
Federal baselines that apply in every state
Federal rules set floors, not targets. When a state rule is longer, the state rule governs; when a state sets no period, the federal floor still applies to Medicare-participating hospitals.
Medicare Conditions of Participation, hospitals
Medical records retained in original or legally reproduced form for at least 5 years.
42 CFR 482.24(b)(1)Medicare Conditions of Participation, critical access hospitals
Records retained at least 6 years from the date of last entry, longer if state law requires or a proceeding is pending.
42 CFR 485.638(c)HIPAA Security Rule documentation
Policies, procedures and required documentation retained 6 years from creation or the date last in effect, whichever is later. This covers compliance documentation, not the medical record itself.
45 CFR 164.316(b)(2)(i)FDA Mammography Quality Standards Act
Mammograms and reports kept at least 5 years, or at least 10 years if no further mammograms are done at the facility, or longer if state law requires.
21 CFR 900.12(c)(4)(i)All 50 states and DC
Adult hospital retention period, minors rule and governing citation for every state, checked against the rule text on 2026-10-11. Links marked as mirrors point to a full-text copy of the official code where the state site blocks direct links.
| State | Adult hospital records | Minors | Notes | Citation |
|---|---|---|---|---|
| Alabama | At least 5 years | At least 5 years after the patient reaches the age of majority | Ala. Admin. Code r. 420-5-7-.13 | |
| Alaska | 7 years after discharge | Patients under 19: until at least 2 years after age 19, or 7 years after discharge, whichever is longer | X-ray film: 5 years. | Alaska Stat. § 18.20.085(a) |
| Arizona | At least 6 years after the last date of service | At least 3 years after the 18th birthday or 6 years after the last date of service, whichever is later | Source data kept separately: 6 years from collection. | Ariz. Rev. Stat. § 12-2297 |
| Arkansas | 10 years after the last discharge | Complete records kept 2 years after the age of majority | After 10 years a record may be destroyed only if the Master Patient Index information is kept permanently. | Rules for Hospitals and Related Institutions in Arkansas, § 14(A)(19) (Ark. Code R. 007.05.20-008)Mirror |
| California | 7 years after discharge | Unemancipated minors: at least 1 year after age 18, and never less than 7 years | Cal. Code Regs. tit. 22, § 70751(c)Mirror | |
| Colorado | 10 years after the most recent patient care use of the record | Period of minority plus 10 years (until age 28), or 10 years after the most recent use, whichever is later | 6 CCR 1011-1, Ch. 4 (General Hospitals), Part 10, § 10.6Mirror | |
| Connecticut | At least 10 years after discharge (general and special hospitals) | Not stated | Children's general hospitals: at least 25 years after discharge (§ 19-13-D4a(d)(4)). | Conn. Agencies Regs. § 19-13-D3(d)(6) |
| Delaware | No state hospital retention period. Follow the federal CoP minimum (5 years) and payer and litigation needs | Not stated | The hospital licensing regulation adopts national standards by reference and sets no medical record retention period. | 16 Del. Admin. Code 4407 (Hospital Standards) |
| District of Columbia | At least 10 years after discharge | Until 3 years after the age of majority | D.C. Mun. Regs. tit. 22-B, § 2030.7 | |
| Florida | Public hospitals: 7 years after the last entry. Private hospitals: no state period; follow the federal CoP minimum | Public hospitals, patients under 1 year of age: until the 8th birthday (GS4 Item #130) | The hospital licensure rule (Fla. Admin. Code 59A-3.270) sets no retention period. | Florida General Records Schedule GS4, Item #80 |
| Georgia | At least 5 years after discharge | At least 5 years past the age of majority | Ga. Comp. R. & Regs. 111-8-40-.18(h)Mirror | |
| Hawaii | Full record: 7 years after the last entry. Basic information: 25 years after the last entry | Full record: minority plus 7 years after the age of majority. Basic information: minority plus 25 years | Haw. Rev. Stat. § 622-58 | |
| Idaho | No general hospital record period. Follow the federal CoP minimum (5 years) and payer and litigation needs | X-ray film: 5 years after exposure or 5 years after the age of majority, whichever is later | Clinical laboratory records may be destroyed 5 years after the test date. IDAPA 16.03.14.360.07 points to this statute. | Idaho Code § 39-1394 |
| Illinois | At least 10 years | Not stated | If an attorney gives written notice of pending litigation before the 10 years end, keep the record until the case concludes or 12 years from creation, whichever comes first. | 210 ILCS 85/6.17(c) |
| Indiana | At least 7 years | Not stated | Applies to providers including hospitals licensed under IC 16-21-2. | Ind. Code § 16-39-7-1Mirror |
| Iowa | No fixed period. Records are kept in line with the statute of limitations in Iowa Code ch. 614; the federal CoP minimum (5 years) also applies | Not stated | Iowa Admin. Code r. 481-51.10(1)Mirror | |
| Kansas | 10 years after the last discharge | 10 years after the last discharge or 1 year beyond the age of majority, whichever is longer | Kan. Admin. Regs. § 28-34-9a(d)(1)Mirror | |
| Kentucky | At least 6 years from discharge | 3 years after the age of majority, if longer | 902 KAR 20:016 | |
| Louisiana | At least 10 years from discharge | Not stated | Graphic matter, images and X-ray film used for a diagnostic report: at least 3 years from discharge, longer on written request. | La. Rev. Stat. § 40:2144(F) |
| Maine | 7 years | At least 6 years after the age of majority | 10-144 C.M.R. ch. 112, § 3.5.5 | |
| Maryland | 7 years after the record is made, unless the patient is notified before earlier destruction | Until the age of majority plus 7 years, unless the parent or guardian is notified | Applies to health care providers including hospitals. | Md. Code, Health-Gen. § 4-403 |
| Massachusetts | 20 years after discharge or final treatment | Not stated | Mass. Gen. Laws ch. 111, § 70 | |
| Michigan | At least 7 years from the date of service | Not stated | At least 15 years for the record types listed in § 333.20175(2)(b). | Mich. Comp. Laws § 333.20175(2) |
| Minnesota | Individual permanent medical record: permanently. Other portions may be destroyed after 7 years | All portions: 7 years or until the age of majority, whichever is later | The commissioner of health defines by rule what the permanent record must include. | Minn. Stat. § 145.32 |
| Mississippi | At least 10 years from discharge | Not stated | Graphic matter, images and X-ray film: at least 3 years from discharge. Section amended in 2024. | Miss. Code Ann. § 41-9-69(1)Mirror |
| Missouri | At least 10 years | Until the 20th birthday, whichever is later | 19 CSR 30-20.015(17) | |
| Montana | At least 10 years after discharge or death | At least 10 years after the age of majority, or after death if earlier | A core record must then be kept at least 10 more years. | Mont. Admin. R. 37.106.402 |
| Nebraska | At least 7 years from each service date | Not stated | General licensure rule that applies to hospitals through 175 NAC 9. | 175 Neb. Admin. Code ch. 1, § 008.03Mirror |
| Nevada | 5 years after the record is received or produced | Not destroyed before the patient turns 23 | Nev. Rev. Stat. § 629.051 | |
| New Hampshire | 7 years after discharge | At least 1 year after age 18, and not less than 7 years after discharge | N.H. Code Admin. R. He-P 802.20(g)Mirror | |
| New Jersey | 10 years after the most recent discharge | Until age 23, if longer | Discharge summary: 20 years after the most recent discharge. | N.J. Stat. Ann. § 26:8-5Mirror |
| New Mexico | 10 years after the last discharge | Not stated | N.M. Stat. Ann. § 14-6-2Mirror | |
| New York | At least 6 years from discharge, or at least 6 years after death | 3 years after age 18, if longer | 10 NYCRR § 405.10(a)(4) | |
| North Carolina | 11 years after discharge | Until the patient's 30th birthday | 10A NCAC 13B .3903 | |
| North Dakota | At least 10 years after the last treatment | Under 18 at last treatment: until the 21st birthday or 10 years after last treatment, whichever is later | N.D. Admin. Code § 33-07-01.1-20 | |
| Ohio | No state hospital retention period. Follow the federal CoP minimum (5 years) and payer and litigation needs | Not stated | The 6-year rule in Ohio Admin. Code 3701-83-11 applies to health care facilities such as ambulatory surgical facilities (Ohio Rev. Code 3702.30), not hospitals. | Ohio Admin. Code 3701-83-11; Ohio Rev. Code 3702.30 |
| Oklahoma | At least 5 years after the patient was last seen, or at least 3 years after death | Newborns and minors: 3 years past the age of majority | Okla. Admin. Code § 310:667-19-14(a)Mirror | |
| Oregon | At least 10 years after discharge | Not stated | Interpreted graphics such as X-rays and EKGs: 7 years after the last exam. Mammography images: 10 years. | Or. Admin. R. 333-505-0050(14) |
| Pennsylvania | At least 7 years after discharge | Until majority, then 7 years or as long as adult records are kept | 28 Pa. Code § 115.23Mirror | |
| Rhode Island | At least 5 years after discharge | At least 5 years after age 18 | 216-RICR-40-10-4.6.10(J)Mirror | |
| South Carolina | Not destroyed before 10 years | Until after the period of election following majority, as set by statute, ends | S.C. Code Regs. 61-16, § 1107Mirror | |
| South Dakota | At least 10 years from the date of service | Age of majority plus 2 years, and not less than 10 years from the date of service | S.D. Admin. R. 44:75:09:06 | |
| Tennessee | 10 years after discharge, or after death during treatment | Period of minority or known mental disability plus 1 year, or 10 years after discharge, whichever is longer | Tenn. Code Ann. § 68-11-305(a)Mirror | |
| Texas | 10 years after the last treatment | Under 18 at last treatment: until age 20 or 10 years after last treatment, whichever is later | Records involved in unresolved litigation may not be destroyed. | Tex. Health & Safety Code § 241.103 |
| Utah | At least 7 years | Until age 18 plus 4 years, and never less than 7 years | Utah Admin. Code R432-100-35Mirror | |
| Vermont | At least 10 years | Not stated | Vt. Stat. Ann. tit. 18, § 1905(8) | |
| Virginia | At least 5 years after discharge | At least 5 years after age 18 | Birth and death information: 10 years. | 12VAC5-410-370(F) |
| Washington | At least 26 years from the date the record was created | Not stated | Amended by 2025 c 131. Applies to records created on or after July 27, 2025, and to older records the hospital still held on that date. | Wash. Rev. Code § 70.41.190(1) |
| West Virginia | At least 5 years | Not stated | Expressly includes emergency room and outpatient records. | W. Va. Code R. § 64-12-7.2.6Mirror |
| Wisconsin | No separate state period. State law adopts the Medicare CoP as the hospital minimum, so 5 years applies | Not stated | The former DHS 124.14 medical records section is no longer in the code. | Wis. Stat. § 50.36(1); 42 CFR 482.24(b)(1) |
| Wyoming | No fixed state period. Public hospitals follow State Archives retention schedules; others follow the federal CoP minimum (5 years) | Not stated | Wyo. Dept. of Health Rules, ch. 12 (Licensure of Hospitals), § 23(c)Mirror |
Methodology
- Scope is general acute-care hospitals. Physician offices, nursing homes, behavioral health facilities, ambulatory surgery centers and laboratories often follow different rules.
- Each entry was read against the current text of the cited statute or regulation on 2026-10-11. Secondary compilations were used only to locate the rule.
- "No state period" means the state hospital rule sets no fixed retention period or adopts the Medicare Conditions of Participation. The federal 5-year floor still applies.
- A minors rule is listed only when it appears in the cited text. "Not stated" means the cited rule has no separate minors provision; other law may still extend retention.
- Several states changed their rules recently, including Washington (26 years, 2025), Mississippi (2024 amendment) and Nebraska (2023 general licensure rule). Older 50-state charts may not reflect these changes.
Disclaimer
This page is informational, not legal advice; confirm with counsel before setting a retention or disposition date.
Statutes and regulations change, and other rules may apply to a given record: payer and Medicaid contracts, malpractice statutes of limitations, litigation holds, research protocols, 42 CFR Part 2 for substance use disorder records, and specialty rules such as FDA mammography retention. Apply the longest requirement that fits each record.
Frequently asked questions
How long must hospitals keep medical records?
At least 5 years under the Medicare Conditions of Participation (42 CFR 482.24(b)(1)), or 6 years from the last entry for critical access hospitals (42 CFR 485.638(c)). Most states set a longer hospital period, commonly 7 to 10 years after discharge or last treatment. Apply whichever state, federal or contractual rule is longest.
Which state requires hospitals to keep records the longest?
Minnesota requires the individual permanent medical record to be kept permanently (Minn. Stat. 145.32). Among fixed periods, Washington is the longest at 26 years from the date a record is created (RCW 70.41.190, as amended in 2025), followed by Connecticut children's general hospitals at 25 years and Massachusetts at 20 years after discharge or final treatment.
How long must records of minors be kept?
Most states extend retention past the age of majority. Examples from this table: North Carolina until the patient turns 30, Colorado until age 28 or 10 years after last use, New Jersey and Nevada until age 23, and Texas until age 20 or 10 years after last treatment, whichever is later.
Does HIPAA require hospitals to keep medical records for 6 years?
No. The HIPAA 6-year rule in 45 CFR 164.316(b)(2) covers required compliance documentation such as policies, procedures and assessments. HIPAA does not set a retention period for the medical record itself; that comes from state law and the Medicare Conditions of Participation.
What applies in a state with no specific hospital retention period?
Medicare-participating hospitals still must keep records at least 5 years under 42 CFR 482.24(b)(1). Hospitals in those states also weigh malpractice statutes of limitations (including tolling for minors), payer and Medicaid contract terms, and any litigation hold before setting a disposition date.
Do physician practices follow the same retention rules as hospitals?
Often not. Many states set physician retention in medical board rules that differ from hospital licensing rules. This table covers general acute-care hospitals only.
Enforce retention record by record
BytePad archives legacy clinical data and applies each record's state and federal retention schedule, so disposition dates are calculated, held when needed and logged for auditors and counsel.