Mississippi Medical Records Retention Laws (2026 Guide)

Mississippi has specific rules governing how long doctors, hospitals, and other health care providers must keep patient medical records. These rules come from a combination of state statutes, administrative regulations from the Mississippi State Board of Medical Licensure, and federal requirements under HIPAA and CMS.

Whether you are a patient trying to obtain old records, a physician planning to close a practice, or a hospital administrator managing retention policies, understanding these timelines is essential. This guide covers every major requirement in one place.

Physician Medical Records Retention in Mississippi

The Mississippi State Board of Medical Licensure sets the rules for how long licensed physicians must retain patient records. Under 30 Miss. Admin. Code Pt. 2635, Ch. 10, physicians must keep medical records for a minimum of 5 years from the date a patient is last treated.

This requirement applies to all records and documents related to the treatment of a patient. That includes family histories, medical histories, reports of clinical findings and diagnosis, laboratory test results, x-rays, and reports of examinations or evaluations.

What Formats Are Acceptable?

Physicians may retain records in their original paper form, on microfilm, or in any similarly reproduced format. Electronic health records (EHR) qualify as an acceptable storage method, provided the digital copies accurately reproduce all information contained in the original records.

Graphic Matter and Imaging

X-ray films, diagnostic images, and similar graphic materials have their own retention timeline. Physicians must keep these materials for at least 3 years from the date a patient was last treated. If a patient requests in writing that imaging records be kept longer, the physician must comply with that request.

Hospital Medical Records Retention in Mississippi

Hospital record retention in Mississippi is governed by state statute rather than administrative regulation. Miss. Code Ann. § 41-9-69 sets detailed retention periods based on the patient's circumstances at discharge.

This statute was most recently amended in 2024 by SB 2873, effective May 13, 2024.

Retention Periods by Patient Status

Patient Status at Discharge	Minimum Retention Period
Adult patient of sound mind	10 years after discharge
Patient discharged at death	7 years after discharge
Minor patient (under 18)	Period of minority plus 7 years (max 28 years)
Patient with known disability	Period of disability plus 7 years (max 28 years)
Patient who died within 30 days of discharge	Period of minority or disability of survivors plus 7 years (max 28 years)

Voluntary Extended Retention

Any hospital in Mississippi may choose to retain records for longer periods than the statute requires. Hospitals have full discretion to keep records beyond the minimum timeframes. A court of competent jurisdiction may also order extended retention in specific cases.

How Mississippi Handles Minor Patient Records

Mississippi law provides extra protections for medical records of patients who were minors at the time of treatment. The age of majority in Mississippi is 18.

Under Miss. Code Ann. § 41-9-69, hospitals must retain records of minor patients for the entire period of the child's minority plus an additional 7 years. The total retention period cannot exceed 28 years.

For example, if a child receives hospital treatment at age 5, the hospital must keep those records until the child turns 18 (the period of minority) plus 7 more years, meaning records would need to be retained until the patient turns 25.

For a newborn patient, the calculation results in a maximum retention requirement of 25 years (18 years of minority plus 7 years). Since this total does not exceed the 28-year cap, the full period applies.

Parental Access to Minor Records

The 2024 amendment through SB 2873 also addressed parental access. Parents or guardians of an unemancipated minor under 18 have the right to receive copies of that minor's hospital, dental, and medical records without the permission of the minor.

Destruction Notification Requirements

One of Mississippi's most important protections for patients involves the destruction of medical records. Before a physician destroys any patient records, the physician must provide at least 6 months written notice to the patient informing them of the planned destruction.

This 6-month notice period gives patients adequate time to request copies of their records or arrange for their transfer to another provider before the originals are destroyed.

Penalties for Improper Destruction

Mississippi takes medical records integrity seriously. Under Miss. Code Ann. § 41-10-1, the willful or reckless placement of inaccurate information in a patient's record, or the intentional alteration or destruction of patient records, carries legal penalties.

There are two exceptions to this rule. First, destroying an original record is permitted if all information has been accurately retained through mechanical or electronic recording, chemical reproduction, or other equivalent methods. Second, supplementing or correcting an error in a record is permitted as long as it is done in a way that clearly shows the correction was made and does not conceal prior entries.

Federal Requirements That Apply in Mississippi

Mississippi's state requirements do not exist in isolation. Federal regulations from HIPAA and CMS add additional layers that health care providers must follow.

HIPAA and Medical Records Retention

The federal Health Insurance Portability and Accountability Act (HIPAA) does not set a specific retention period for medical records. According to the U.S. Department of Health and Human Services, HIPAA defers to state laws on how long medical records must be kept.

HIPAA does require that covered entities apply appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information (PHI) in any form, including during the disposal process. This means that when Mississippi providers destroy records after the retention period expires, they must use secure destruction methods that prevent unauthorized access.

HIPAA also requires covered entities to retain HIPAA-related documentation (policies, procedures, and compliance records) for 6 years from the date of creation or the date it was last in effect, whichever is later. This is separate from the medical records themselves.

CMS and Medicare Records Retention

Providers who participate in Medicare must follow retention requirements from the Centers for Medicare and Medicaid Services (CMS). Under 42 CFR § 424.516, Medicare providers must maintain documentation for 7 years from the date of service.

This 7-year CMS requirement exceeds the 5-year state minimum for physicians in Mississippi. Any Mississippi physician who accepts Medicare must keep records for at least 7 years to satisfy federal requirements.

Failure to comply with CMS retention requirements can result in the revocation of Medicare enrollment under 42 CFR § 424.535(a)(10).

Medicaid Considerations

Mississippi Medicaid providers face similar federal requirements. The Division of Medicaid follows federal and state EHR requirements, and providers should maintain records in accordance with both state minimums and any applicable Medicaid program requirements.

Patient Access to Medical Records in Mississippi

Mississippi law guarantees patients the right to access their own medical records. Under Miss. Code Ann. § 41-10-5, health care providers must provide medical records and billing records to a patient or their authorized representative within 30 days of receiving a valid request. This statute was enacted in 2022.

Transfer Between Providers

Under Board of Medical Licensure rules, a physician cannot refuse to make information in medical records available to another licensed provider who is currently treating the patient. The physician may request a written release from the patient or their legal representative before transferring records. Once the release is received, the physician must send copies within a reasonable period.

A physician cannot withhold records because of an unpaid medical bill. However, the physician may charge reasonable compensation for copying expenses, with payment requested in advance.

Copy Charges

Mississippi law sets specific limits on what providers can charge for photocopying medical records. Under Miss. Code Ann. § 11-1-52, the maximum fees are:

Pages	Maximum Charge
Pages 1 through 20	$20.00 total
Pages 21 through 100	$1.00 per page
Pages 101 and above	$0.50 per page
Postage and handling surcharge	Up to 10% of total charge
Off-site archive retrieval fee	$15.00
Medical record affidavit (patient-requested)	$25.00

These fees must comply with HIPAA requirements. Providers cannot charge more than these amounts for providing copies of patient records.

Practice Closure and Records Management

When a physician closes a practice in Mississippi, the obligation to retain and protect patient records does not disappear. The physician remains responsible for maintaining records for the full 5-year retention period (or 7 years for Medicare patients).

Steps for Closing a Practice

Physicians planning to close or relocate a practice should take the following steps to remain compliant with Mississippi regulations:

1. Notify patients of the closure with sufficient advance notice, giving them time to request records or designate a new provider.
2. Arrange for records to be transferred to a successor physician, a medical records custodian, or directly to patients who request them.
3. Retain records that are not transferred for the full minimum retention period.
4. Notify the Mississippi State Board of Medical Licensure of the practice closure.
5. Provide 6 months written notice before destroying any records that have met the retention requirement.

Deceased or Retiring Physicians

When a physician dies, becomes incapacitated, or retires, the responsibility for medical records may fall to their estate, practice partner, or a designated custodian. Mississippi does not have a specific statute addressing records custodianship after a physician's death, but the general retention and destruction requirements still apply.

The Mississippi State Board of Medical Licensure can be contacted at (601) 987-3079 for guidance on specific practice closure situations.

Comparison: Physician vs. Hospital Retention Requirements

Requirement	Physicians	Hospitals
Governing law	30 Miss. Admin. Code Pt. 2635	Miss. Code Ann. § 41-9-69
General adult records	5 years from last treatment	10 years after discharge
Minor patient records	5 years from last treatment	Minority plus 7 years (max 28 years)
Records of deceased patients	5 years from last treatment	7 years after discharge
Imaging and x-rays	3 years from last treatment	Same as complete record
Destruction notice required	6 months to patient	Not specified in statute
Acceptable formats	Original, microfilm, electronic	Original, microfilm, electronic

The most significant difference is the retention period. Hospitals face much longer requirements, particularly for minor patients and patients with disabilities. Physicians have a uniform 5-year minimum that applies regardless of patient status.

Statute of Limitations and Its Effect on Retention

The statute of limitations for medical malpractice in Mississippi is an important consideration when setting records retention policies. Under Miss. Code Ann. § 15-1-36, a medical malpractice claim must be filed within 2 years from the date the alleged act or omission was first known or discovered, with an absolute outer limit of 7 years from the date the act occurred.

For claims involving minors, the statute of limitations may be tolled (paused) until the minor reaches the age of majority (18). This means records involving minor patients could be needed well beyond the standard retention period.

Many legal and risk management professionals recommend that providers keep records for at least as long as the statute of limitations allows a potential claim to be filed. For Mississippi physicians, this means the 7-year outer limit of the malpractice statute of limitations exceeds the 5-year minimum retention requirement. Keeping records for at least 7 years provides a stronger legal safeguard.