Illinois Medical Records Retention Laws (2026 Guide)

Last verified: March 2026. This page reflects current Illinois Compiled Statutes (ILCS) and Illinois Administrative Code provisions governing medical records retention.

Table of Contents

• Overview of Illinois Medical Records Retention Laws
• Hospital Retention Requirements (210 ILCS 85/6.17)
• Physician and Outpatient Provider Requirements
• Records for Minor Patients
• Medical Records Copy Fees in Illinois
• Patient Access Rights (735 ILCS 5/8-2001)
• HIPAA and Federal Requirements
• CMS and Medicare Retention Rules
• Mental Health Records
• Proper Destruction of Medical Records
• Practice Closure and Physician Retirement
• Electronic Health Records (EHR) Retention
• Frequently Asked Questions
• Sources and References

Overview of Illinois Medical Records Retention Laws

Illinois medical records retention laws are spread across multiple statutes and administrative rules rather than consolidated in a single law. The primary statute governing hospital records is 210 ILCS 85/6.17, part of the Hospital Licensing Act. Patient access and copy fee rules fall under 735 ILCS 5/8-2001, part of the Code of Civil Procedure.

There is an important gap in Illinois law: no statute explicitly requires individual physicians or outpatient practices to retain records for a set number of years. This makes Illinois different from states like Massachusetts or New York, which impose specific retention periods on all licensed providers.

The practical result is that hospitals, nursing homes, and licensed health care facilities follow strict 10-year rules, while physicians in private practice must rely on best-practice guidance shaped by malpractice statutes of limitations and professional standards.

Hospital Retention Requirements (210 ILCS 85/6.17)

Under the Illinois Hospital Licensing Act, every hospital must preserve medical records for a minimum of 10 years. The statute reads that hospitals shall maintain records "in a format and for a duration established by hospital policy and for not less than 10 years."

This 10-year minimum applies from the date of discharge or the date the record was last created.

Litigation Hold Exception

If a hospital receives written notice from an attorney before the 10-year period expires that litigation is pending and the patient's records may be needed as evidence, the hospital must retain those records until one of two things happens:

• The plaintiff's attorney notifies the hospital in writing (with the defendant's attorney's approval) that the case has concluded, or
• 12 years have passed from the date the record was produced, whichever comes first.

This litigation hold prevents the destruction of potentially critical evidence.

Illinois Administrative Code Requirements

Illinois Administrative Code Title 77, Section 250.1510 adds further requirements for hospitals. Facilities must store records safely, protect them from water damage and fire, and safeguard them from unauthorized access. All original records or photographs of records must be preserved in accordance with Section 6.17 of the Hospital Licensing Act.

Hospitals must also have a written policy for preserving patient records if the hospital closes. During ownership changes, the hospital must coordinate with the Illinois Department of Public Health regarding record preservation.

Physician and Outpatient Provider Requirements

Illinois does not have a statute that specifically requires private physicians to retain medical records for a defined period. Physicians are free to set their own retention policies.

However, the medical malpractice statute of limitations (735 ILCS 5/13-212) creates a strong practical reason to keep records for at least several years. Under this statute:

• Adults: A malpractice claim must be filed within 2 years of when the patient knew or should have known about the injury, with an absolute deadline of 4 years from the date of treatment.
• Minors: Claims may be filed up to 8 years after the date of treatment, but no later than the patient's 22nd birthday.

Because physicians need records to defend against potential lawsuits, professional organizations recommend retaining adult patient records for at least 10 years after the last encounter. For minor patients, the recommendation is to retain records until at least the patient's 22nd birthday plus a safety margin.

The Illinois State Medical Society (ISMS) advises physicians to consult their malpractice insurer for specific retention guidance, as insurers may have stricter requirements.

Records for Minor Patients

Minor patient records require special attention in Illinois because of the extended statute of limitations for malpractice claims.

Hospital Rules for Minors

For hospital records involving minors, best practice is to retain the records until the patient reaches age 23 or for 10 years after the record was produced, whichever period is longer. This accounts for the 8-year malpractice window plus additional margin.

For example, if a child was treated at age 2, the 10-year rule would require retention until the child is 12. But the malpractice statute of limitations could extend to the child's 22nd birthday, so the longer period controls. Adding a one-year buffer brings the recommended retention to age 23.

Physician Office Rules for Minors

Private physicians should keep records for minor patients for at least 8 years after treatment or until the patient turns 22, whichever is later. Many risk management experts recommend keeping them until age 23 or longer to provide a safety cushion.

Summary Table: Retention Periods for Minors

Scenario	Minimum Retention
Hospital, child treated at age 5	Until age 23 (malpractice window controls)
Hospital, child treated at age 15	Until age 25 (10 years from treatment controls)
Physician, child treated at age 3	Until age 22 (malpractice deadline)
Physician, child treated at age 16	Until age 24 (8 years from treatment)

Medical Records Copy Fees in Illinois

Illinois law caps what healthcare providers can charge patients for copies of their medical records. The fee structure is set by 735 ILCS 5/8-2001 with annual adjustments published by the Illinois Office of the Comptroller.

2026 Adjusted Fee Schedule

Fee Component	Maximum Charge
Handling/processing fee	$36.68
Pages 1 through 25	$1.38 per page
Pages 26 through 50	$0.92 per page
Pages 51 and above	$0.46 per page
Microfiche or microfilm copies	$2.29 per page
Electronic records	50% of paper rates

These rates are adjusted annually based on changes to the Consumer Price Index, as required by 735 ILCS 5/8-2006. The Comptroller publishes updated rates by January 31 of each year.

When Records Must Be Free

Providers must supply one complete copy of a patient's records at no charge when the records support a claim for:

• Federal veterans' disability benefits
• Social Security or Supplemental Security Income (SSI) benefits
• Aid to the Aged, Blind, or Disabled benefits

The handling fee also cannot be collected from a patient or personal representative who requests copies of a deceased patient's records under 735 ILCS 5/8-2001.5.

Electronic Records Fees

For records retrieved from electronic health record (EHR) systems or scanned documents, providers may charge 50% of the per-page paper rate. This applies regardless of the delivery method, whether the records are burned to a CD, provided on a USB drive, or transmitted electronically.

Patient Access Rights (735 ILCS 5/8-2001)

Under Illinois law, every patient has the right to examine and copy their medical records from any healthcare facility or practitioner. This right extends to the patient's authorized attorney, healthcare practitioner, or legal representative.

Response Timeline

Providers must respond to a records request within 30 days. If they cannot provide the records within 30 days, they must explain the delay in writing. The absolute maximum deadline is 60 days from the date of the request.

Enforcement

If a provider refuses to make records available, the patient can go to court. A judge may order the provider to produce the records and pay the patient's reasonable attorney fees and court costs. Under Section 8-2001(g), a physician who willfully refuses to comply may be held liable for these expenses.

Deceased Patient Records

Section 8-2001.5 allows access to a deceased patient's records without the requirement of opening an estate. Records must be released to the executor, administrator, or a healthcare agent named in a power of attorney. When none of these exist and the deceased did not specifically object to disclosure, records must be released to a personal representative, including a surviving spouse or adult child.

HIPAA and Federal Requirements

A common misconception is that HIPAA requires providers to keep medical records for a specific number of years. It does not.

What HIPAA Actually Requires

HIPAA requires covered entities to retain HIPAA-related administrative documentation for 6 years from the date of creation or last effective date. This includes privacy policies, employee training records, business associate agreements, and complaint records, as specified in 45 CFR 164.530(j).

This 6-year rule applies to HIPAA compliance paperwork, not to patient medical records. The actual retention period for patient records is determined by state law.

Which Law Controls?

When federal and state requirements overlap, the stricter standard applies. In Illinois, the 10-year hospital retention requirement exceeds the federal HIPAA administrative retention of 6 years. So Illinois hospitals must follow the 10-year state rule.

For physicians, since Illinois has no statutory minimum, the federal HIPAA documentation rule does not fill the gap because it covers administrative records, not patient charts. Physicians should still follow best-practice guidance of 10 years.

CMS and Medicare Retention Rules

Illinois providers who participate in Medicare or Medicaid must also comply with federal CMS Conditions of Participation, which set their own retention floors.

Provider Type	CMS Minimum Retention	Authority
Hospitals	5 years after discharge	42 CFR 482.24
Critical Access Hospitals	6 years	42 CFR 485.638
Medicare providers (general)	7 years from date of service	CMS guidelines
Medicare Part D sponsors	10 years from date of service	CMS guidelines

Since Illinois's 10-year hospital retention rule exceeds the 5-year CMS minimum for hospitals, the state rule controls. For individual physicians participating in Medicare, the 7-year CMS guideline serves as a useful federal floor.

Mental Health Records

The Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110) imposes additional confidentiality protections on mental health records in Illinois. All records and communications created during the provision of mental health or developmental disabilities services are confidential and may not be disclosed except as the Act allows.

While 740 ILCS 110 does not set a separate retention period for mental health records, it does impose stricter rules on access, disclosure, and destruction. Providers who treat both medical and mental health conditions should apply the longer of any applicable retention period.

Therapist personal notes are treated as work product and personal property of the therapist. They are not subject to discovery in judicial, administrative, or legislative proceedings.

Improper disclosure of mental health records can result in both civil liability and criminal penalties under Illinois law.

Proper Destruction of Medical Records

When the applicable retention period has passed, Illinois providers must destroy records in a way that makes patient information completely unrecoverable.

Destruction Standards

• Paper records must be shredded to the point that the patient's name and all identifying information are unrecognizable.
• Electronic records must be wiped, degaussed, or physically destroyed so data cannot be recovered.
• Any third-party destruction service must sign a HIPAA business associate agreement that requires them to safeguard protected health information during the destruction process.

Documentation

Providers should maintain a destruction log that records what was destroyed, the date of destruction, the method used, and the name of the person or service that performed the destruction. This log should be retained indefinitely as proof of proper disposal.

Consequences of Improper Destruction

In Illinois, improper destruction or release of medical records can lead to civil and criminal liability. Patients whose records are improperly disclosed may sue for damages, and providers may face regulatory action from the Illinois Department of Financial and Professional Regulation.

Practice Closure and Physician Retirement

When an Illinois physician retires or closes a practice, specific steps must be taken to protect patient records.

Required Notice

Illinois law requires physicians to provide 30 days' notice to the public before closing a practice. This notice must be published in a newspaper of general circulation in the area where the physician practices. The notice must include:

• The date of closure
• The reason for closure (retirement, relocation, etc.)
• How patients can access or obtain copies of their medical records
• A forwarding address or phone number for questions after closure

Records Disposition Options

After publishing notice, the physician has several options for the records:

1. Transfer to another provider who agrees to accept custody and maintain the records for the balance of the retention period.
2. Arrange for a medical records custodian or storage service to maintain records. The service must sign a HIPAA business associate agreement.
3. Retain records personally for the recommended 10 years after the last patient encounter.

If a physician dies or becomes incapacitated, the physician's estate or designee is responsible for ensuring records are properly transferred or stored.

Selling a Practice

When a practice is sold, the purchase agreement should address medical records custody. The buying physician or entity typically assumes responsibility for maintaining records for the required retention period.

Electronic Health Records (EHR) Retention

Illinois retention requirements apply equally to paper and electronic records. The format of the record does not change the retention period.

Key EHR Considerations

• EHR systems must maintain data integrity for the full retention period. Regular backups and disaster recovery planning are essential.
• When migrating between EHR platforms, all historical data must be transferred or preserved in a readable format.
• Printed copies of electronic records must meet the same retention standards as original paper records.
• When transitioning from paper to electronic records, the paper originals should be maintained according to usual retention guidelines. Once properly digitized, the paper records may be destroyed.

Format Requirements

Illinois does not mandate a specific electronic format for medical records. However, the records must remain accessible and readable throughout the retention period. Providers should avoid proprietary formats that could become obsolete before the retention period expires.

Sources and References

• 210 ILCS 85/6.17 - Hospital Licensing Act, Medical Records Retention - Illinois General Assembly
• 735 ILCS 5/8-2001 - Examination and Copying of Health Care Records - Illinois General Assembly
• 735 ILCS 5/8-2001.5 - Authorization for Release of Deceased Patient Records - Illinois General Assembly
• 735 ILCS 5/13-212 - Medical Malpractice Statute of Limitations - Illinois General Assembly
• 740 ILCS 110 - Mental Health and Developmental Disabilities Confidentiality Act - Illinois General Assembly
• Illinois Administrative Code Title 77, Section 250.1510 - Hospital Medical Records - Legal Information Institute
• Illinois Office of the Comptroller - Medical Records Copying Fee Adjustments - Illinois Comptroller
• 45 CFR 164.530 - HIPAA Administrative Requirements - Legal Information Institute
• 42 CFR 482.24 - CMS Conditions of Participation for Hospitals - Legal Information Institute
• CMS Medical Record Retention and Media Format - Centers for Medicare and Medicaid Services
• HHS HIPAA FAQ on Medical Records Retention - U.S. Department of Health and Human Services