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North Carolina law does not specify how long clinicians must retain medical records. How long a record is kept will depend on a variety of factors, including whether a specific law is implicated, malpractice requirements, the area of practice, and the time that has elapsed since the patient’s last visit. Clinicians are encouraged to notify patients regarding how long medical records will be retained. Patients may also inquire with their clinicians about how long medical records will be retained.
Unfortunately, no. Once a record has been destroyed it no longer exists and cannot be recreated.
One strategy that can help patients maintain comprehensive medical records is to request a summary of the medical visit when concluding the appointment or checking out at the front desk. In some circumstances, it may be necessary to request full copies of records. For example, if a patient sees a specialist for care during an illness or injury, it is good practice to request copies of the records associated with that care when care with that specialist comes to an end point. If diagnostic or screening studies are done, be sure that images or other files are included in your records request.
Yes, the Health Insurance Portability and Accountability Act (HIPAA) permits medical record owners (the individual or institution that creates and stores the record) to charge a “reasonable fee” for copying and mailing, as well as staff time to prepare copies, records for patients. If the medical record owner does not want to calculate actual costs for providing electronic copies of medical records maintained electronically, HIPAA allows a flat fee of $6.50 as an option. If the medical record owner calculates the actual costs of electronic copies or is providing paper copies, North Carolina also set limits on the cost under N.C. Gen. Stat. § 90-411. It is not lawful for records to be withheld from a patient if the patient has unpaid fees or charges.
The U.S. Department of Health and Human Services Office of Civil Rights has oversight of HIPAA and provides extensive FAQs on its website. Find FAQs for individuals and FAQs for professionals.