Maine Medical Records Retention Laws (2026 Guide)

Last verified: March 2026. This page reflects current Maine Revised Statutes Title 22, Sections 1711 through 1711-C, and 10-144 CMR Chapter 112.

Maine Hospital Medical Records Retention Requirements

Maine's primary medical records retention law applies to hospitals licensed by the state. Under 10-144 Code of Maine Rules, Chapter 112, Section XII, hospitals must maintain patient medical records for a minimum of 7 years from the date of the patient's last discharge.

This regulation is part of the Rules for the Licensing of Hospitals, administered by the Maine Department of Health and Human Services. Every hospital operating in Maine must comply with these requirements to maintain its state license.

The 7-year retention period begins on the date of the patient's most recent discharge from the facility. If a patient has multiple visits or admissions, the clock resets with each new discharge date.

What Hospital Records Must Include

Under 10-144 CMR Ch. 112, hospital medical records must contain sufficient information to identify the patient, support the diagnosis, justify the treatment, document the course and results of care, and promote continuity of care among healthcare providers.

Required elements typically include:

• Patient identification and demographic data
• Medical history and physical examination findings
• Diagnostic and therapeutic orders
• Clinical observations, including nurse's notes
• Reports of procedures, tests, and their results
• Conclusions at the end of hospitalization or evaluation

Records for Minor Patients

Maine law provides additional protections for the medical records of minors. Hospitals must retain records for minor patients for at least 6 years after the patient reaches the age of 18 (the age of majority in Maine).

This extended retention period ensures that individuals have access to their childhood medical records well into adulthood. For example, a child born in 2020 who receives hospital treatment at age 5 would have records retained until at least 2044, when they turn 24.

The extended retention period for minors aligns with Maine's medical malpractice statute of limitations, which allows minors to bring claims within 6 years after the cause of action accrues or within 3 years after reaching the age of majority, whichever comes first.

Physician and Private Practice Retention Requirements

Unlike hospital records, Maine does not have a specific statute that mandates how long physicians in private practice must retain patient medical records. This gap in state law means that private practitioners must rely on a combination of professional guidance, federal requirements, and risk management considerations.

Professional Recommendations

The Maine Medical Association (MMA) recommends that physicians retain patient records for a minimum of 6 years from the date of the last patient encounter. This recommendation draws from two sources:

• The American Medical Association's Code of Medical Ethics, which addresses the ethical obligation to maintain patient records
• Maine's statute of limitations for medical malpractice claims, which sets a 3-year window from discovery of injury under 24 M.R.S. Section 2902

The 6-year recommendation provides a reasonable buffer beyond the statute of limitations to account for delayed discovery of injuries.

Practical Considerations

Many malpractice insurance carriers in Maine, including Medical Mutual Insurance Company of Maine, recommend retaining records for 10 years as a risk management strategy. While not legally required, longer retention can protect physicians in cases involving late-discovered injuries or complex litigation.

For pediatric practices, physicians should follow the same principle that applies to hospitals: retain records for minor patients until at least 6 years after the patient reaches age 18.

Federal Requirements That Affect Maine Providers

State law does not operate in isolation. Several federal regulations create additional retention obligations for Maine healthcare providers.

HIPAA Requirements

The HIPAA Privacy Rule does not require covered entities to retain patient medical records for any specific period. This is one of the most widely misunderstood aspects of HIPAA.

What HIPAA does require is retention of administrative compliance documentation for 6 years from the date of creation or last effective date under 45 CFR 164.530(j). These documents include:

• Privacy policies and procedures
• Employee training records
• Business associate agreements
• Complaint and resolution records
• Risk assessments and security documentation

HIPAA also imposes strict requirements on how records are stored, accessed, and eventually destroyed, regardless of how long they are retained.

CMS and Medicare Requirements

For providers participating in Medicare or Medicaid, the Centers for Medicare and Medicaid Services (CMS) establish separate federal minimums:

Provider Type	Minimum Retention Period	Authority
Hospitals	5 years after discharge	42 CFR 482.24
Medicare providers (general)	7 years from date of service	CMS guidelines
Medicare Part D sponsors	10 years from date of service	CMS guidelines
OSHA employee health records	Employment + 30 years	29 CFR 1910.1020

Which Law Controls?

The stricter requirement always applies. Maine's 7-year hospital retention period exceeds the CMS 5-year minimum, so Maine hospitals must follow state law. However, if a Maine physician participates in Medicare, the 7-year federal guideline may exceed the state's recommendation of 6 years for private practitioners.

Patient Access to Medical Records in Maine

Maine law provides patients with a clear right to access their own medical records through two separate statutes.

Hospital Records: 22 M.R.S. Section 1711

Under Title 22, Section 1711, patients discharged from a Maine hospital can request copies of their medical records in writing. The hospital must provide the records within a reasonable time in accordance with 45 CFR 164.524, which generally requires a response within 30 days.

If the hospital believes releasing records would be detrimental to the patient's health, it must notify the patient and make records available to the patient's authorized representative instead.

Other Health Care Practitioners: 22 M.R.S. Section 1711-B

For non-hospital providers, Title 22, Section 1711-B establishes similar access rights. Patients can authorize the release of treatment records by submitting a written request. Practitioners must release copies of all treatment records or a narrative containing all relevant information.

Health care practitioners may exclude personal notes that are not directly related to the patient's past or future treatment, as well as information related to FDA-regulated clinical trials.

A practitioner who willfully violates this section faces a civil forfeiture of up to $25 per day, with a maximum of $100.

Fees for Record Copies

Under 22 M.R.S. Section 1711-A, Maine caps the fees healthcare providers can charge for record copies:

Fee Component	Maximum Charge
First page	$5.00
Each additional page	$0.45
Maximum total for entire record	$250.00

If records exist in a digital or electronic format and the patient requests an electronic copy, the provider must supply one if it is reasonably possible to do so.

Under HIPAA's right of access, providers covered by federal law can charge no more than $6.50 for electronic copies, which may be lower than the state fee schedule for paper copies.

Confidentiality and Security of Medical Records

Maine's Confidentiality Statute

Title 22, Section 1711-C requires health care practitioners and facilities to develop and implement policies protecting the confidentiality, security, and integrity of health care information. Key requirements include:

• Hospitals must inform inpatients of their right to control disclosure of health care information
• Patients can direct that their name be removed from facility directories
• Disclosures are permitted only in specific circumstances outlined in the statute (treatment, payment, health care operations, legal requirements)

HIPAA Privacy and Security Rules

For HIPAA-covered entities in Maine, the federal Privacy Rule and Security Rule add additional layers of protection. Covered entities must implement administrative, technical, and physical safeguards to protect protected health information (PHI) throughout its entire lifecycle, from creation through destruction.

Medical Records Destruction Requirements

When Records Can Be Destroyed

After the applicable retention period expires (7 years for hospitals, or per the provider's chosen retention policy), Maine providers may destroy medical records. There is no state law requiring providers to notify patients before destroying records that have met the retention threshold.

However, best practice calls for reasonable efforts to notify patients before records are destroyed, particularly if the retention period has only recently expired.

How Records Must Be Destroyed

While Maine does not have a state-specific destruction method statute, HIPAA's requirements apply to all covered entities. The HHS Office for Civil Rights specifies that:

Paper records must be shredded, burned, pulped, or pulverized so that protected health information is rendered unreadable, indecipherable, and cannot be reconstructed.

Electronic records must be cleared, purged, or destroyed through methods such as degaussing, overwriting, or physical destruction of the storage media.

Providers should maintain a log documenting when records were destroyed, the method used, and who authorized the destruction.

Practice Closure and Record Custody

When a Maine physician retires or closes a practice, the provider has a continuing obligation to ensure patients can access their records.

Notification Requirements

Providers closing a practice should notify patients at least 60 days in advance, when possible. The notification should include:

• The date the practice will close
• How patients can obtain copies of their records
• Where records will be stored after closure
• Contact information for the records custodian

The Maine Board of Licensure in Medicine should also be notified of anticipated closures.

Records Custodian

When a practice closes, a records custodian may be appointed to manage patient records for the legally required retention period. The custodian takes over responsibility for:

• Secure storage of all patient records
• Responding to patient requests for record copies
• Maintaining confidentiality and security
• Proper destruction after retention periods expire

If no custodian arrangement is made, the closing provider remains personally responsible for the records.

Special Record Categories

Certain types of medical records carry additional retention considerations in Maine.

Mental Health Records

Maine licensing regulations for mental health practitioners require retention of client records for at least 3 years after the last date of service for adult clients. For minor clients, records must be kept for 3 years after the client reaches the age of majority.

Imaging and Radiology Records

Maine regulations require permanent retention of certain diagnostic data, including x-ray reports. Original films or digital images may be stored in alternative formats, but the diagnostic reports must be preserved indefinitely.

Substance Abuse Treatment Records

Records related to substance abuse treatment receive additional federal protections under 42 CFR Part 2, which restricts disclosure more tightly than HIPAA for substance use disorder records.

Summary of Maine Medical Records Retention Periods

Record Type	Retention Period	Authority
Hospital records (adults)	7 years after last discharge	10-144 CMR Ch. 112, Sec. XII
Hospital records (minors)	6 years after age 18	10-144 CMR Ch. 112, Sec. XII
Physician office (recommended)	6 years minimum	MMA recommendation
Medicare providers	7 years from date of service	CMS guidelines
HIPAA compliance documents	6 years from creation/last effective date	45 CFR 164.530(j)
Mental health records (adults)	3 years after last service	State licensing rules
Mental health records (minors)	3 years after age 18	State licensing rules
X-ray reports	Permanent	State regulations