Louisiana Medical Records Retention Laws (2026 Guide)

Louisiana hospitals must keep patient medical records for at least 10 years from discharge under La. Rev. Stat. 40:2144, while physicians and dentists must retain records for at least 6 years from the date of last treatment under La. Rev. Stat. 40:1165.1. Medicare-participating providers face a 7-year federal floor.

Last verified: March 2026. This page reflects current Louisiana Revised Statutes Title 40, Sections 2144 and 1165.1, along with applicable federal regulations.

Table of Contents

• Overview of Louisiana Medical Records Retention Laws
• Hospital Records Retention Requirements
• Physician and Dentist Records Retention
• Diagnostic Imaging and X-Ray Retention
• Medical Records for Minor Patients
• Federal Requirements: HIPAA and CMS
• Patient Access to Medical Records
• Proper Destruction of Medical Records
• Practice Closure and Records Transfer
• Frequently Asked Questions
• Sources and References

Overview of Louisiana Medical Records Retention Laws

Louisiana has two primary statutes governing medical records retention. La. Rev. Stat. 40:2144, known as the Hospital Records and Retention Act, applies to hospitals and institutional healthcare facilities. La. Rev. Stat. 40:1165.1 covers physicians, dentists, and other individual healthcare providers.

These state laws establish minimum retention periods. Healthcare providers may always choose to retain records longer than required. Federal requirements from HIPAA and CMS may also apply, and providers must follow whichever standard requires the longest retention period.

Louisiana law allows medical records to be stored in their original paper form, microfilmed copies, electronic format, or other reproduced forms approved by the Louisiana Department of Health. Electronic storage must include safeguards against erasure or alteration.

Quick Reference Table:

Hospital Records Retention Requirements

Under La. Rev. Stat. 40:2144, hospitals in Louisiana must retain patient medical records for a minimum of 10 years from the date the patient is discharged. This requirement applies to all types of hospital records, including admission and discharge summaries, surgical reports, lab results, physician orders, nursing notes, and consultation records.

The 10-year clock starts on the date of discharge, not the date of admission or the date of the last entry in the record. For patients with multiple hospital stays, each admission and discharge creates a separate retention period for that particular set of records.

Hospitals may keep records in their original paper form, microfilmed format, or any electronic or digital storage method approved by the Louisiana Department of Health. The law specifically requires that any electronic storage system must provide reasonable safeguards against erasure or alteration of records.

The 3-year imaging period is not fixed. Under La. Rev. Stat. 40:2144(F)(2), a hospital must retain graphic matter, images, X-ray films, and like diagnostic materials for a longer period when any one of three people asks for it in writing: an attending or consultant physician of the patient, the patient (or someone acting legally on the patient's behalf), or legal counsel for a party whose interest is affected by the records.

A patient does not need a lawyer to invoke this. The statute names the patient directly, so a written preservation request sent by the patient to the hospital is enough to keep imaging from being destroyed at the 3-year mark. This provision extends only the imaging retention period; it does not change the separate 10-year retention period that applies to general hospital records.

Electronic signatures by licensed healthcare providers on hospital medical records are authorized under Louisiana law. The Louisiana Department of Health has the authority to set rules governing how electronic signatures are used and verified.

Physician and Dentist Records Retention

La. Rev. Stat. 40:1165.1 establishes a 6-year retention requirement for physicians and dentists. Unlike the hospital statute, the retention clock for physician records starts from the date the patient was last treated, not from a discharge date.

This distinction matters in practice. A patient who sees their primary care physician annually would have their retention clock reset with each visit. The 6-year period only begins running from the most recent encounter.

The 6-year requirement applies to all medical and dental records maintained by the provider. This includes patient histories, examination findings, treatment plans, progress notes, prescriptions, referral letters, and correspondence related to patient care.

Physicians and dentists may store records in original paper form, microfilm, or any similarly reproduced format. Electronic health record (EHR) systems satisfy the retention requirement as long as records remain accessible and protected against unauthorized modification.

The statute applies to individual practitioners, group practices, and professional medical corporations. When a physician operates within a hospital setting, the hospital's 10-year retention requirement under La. Rev. Stat. 40:2144 would typically govern records created within the hospital.

Diagnostic Imaging and X-Ray Retention

Both La. Rev. Stat. 40:2144 and La. Rev. Stat. 40:1165.1 contain separate provisions for diagnostic imaging materials. X-ray films, MRI scans, CT scans, ultrasound images, and other graphic matter used to produce diagnostic or therapeutic reports have a shorter minimum retention period of 3 years.

For hospitals, the 3-year period runs from the date the patient was discharged. For physicians and dentists, it runs from the date the patient was last treated.

The shorter retention period for imaging reflects the practical challenges of storing large volumes of physical film. However, as digital imaging (PACS systems) has largely replaced physical film, many healthcare facilities now retain diagnostic images for the same period as other medical records.

Healthcare providers should note that while the imaging materials themselves may be destroyed after 3 years, any diagnostic or therapeutic reports generated from those images remain part of the general medical record. Those reports are subject to the full 10-year or 6-year retention period.

Both statutes let the 3-year imaging floor be pushed out by a written request. For hospital imaging, La. Rev. Stat. 40:2144(F)(2) lets an attending or consultant physician, the patient or someone acting legally on the patient's behalf, or legal counsel for a party with an affected interest make that request. For imaging held by a physician or dentist, La. Rev. Stat. 40:1165.1(A)(3)(b) is narrower and points at the patient: the imaging "shall be retained for a longer period when requested in writing by the patient." In both settings a patient can protect their own films without going through a lawyer.

Providers may store imaging in original film, microfilm, or digital format. Digital storage must meet the same safeguard requirements as other electronic records.

Medical Records for Minor Patients

Louisiana law does not include a separate statutory provision explicitly extending retention periods based on a patient reaching the age of majority (18 years old in Louisiana). The standard retention periods of 10 years for hospitals and 6 years for physicians apply to all patient records, regardless of the patient's age at the time of treatment.

However, healthcare providers should recognize that the standard retention periods may not provide adequate protection when treating minor patients. A child treated at age 5 in a hospital would have their records retained until age 15 under the 10-year rule, which is still before the age of majority.

Industry best practice, supported by guidance from the American Health Information Management Association (AHIMA), recommends retaining medical records for minor patients until the patient reaches the age of majority plus the applicable limitations period for medical malpractice claims. Louisiana's prescriptive period, La. Rev. Stat. 9:5628(A), requires a malpractice claim to be filed "within one year from the date of the alleged act, omission, or neglect, or within one year from the date of discovery," and in all events within three years from the date of the act. The one-year clock from the act is the primary trigger; discovery is an alternative starting point, not the general rule.

Louisiana does not toll that period while a patient is a minor. La. Rev. Stat. 9:5628(B) states that the section "shall apply to all persons whether or not infirm or under disability of any kind and including minors and interdicts." A provider should not read 9:5628 as extending a child's claim window past the one-year and three-year limits, because the statute expressly says it does not.

Retaining a minor's records to age 21 is therefore a risk-management choice rather than something Louisiana law requires or implies. It is still a sensible one: it keeps the file available for continuity of care as a pediatric patient moves into adult care, and it covers claims filed near the outer edge of the three-year limit, disputes over when the three-year period began, and any federal or out-of-state claim that does toll for minority. Many Louisiana healthcare providers adopt it for those reasons.

Federal Requirements: HIPAA and CMS

HIPAA Documentation Retention

The HIPAA Privacy Rule does not require covered entities to retain medical records for any specific period. According to the U.S. Department of Health and Human Services, state laws govern how long medical records must be kept.

However, HIPAA does require covered entities to retain certain compliance-related documentation for 6 years. Under 45 CFR 164.530(j), the following must be retained for 6 years from the date of creation or the date when last in effect, whichever is later:

• Privacy policies and procedures
• Privacy practices notices
• Disposition of complaints
• Required accounting of disclosures
• Training records
• Business associate agreements

This 6-year HIPAA requirement applies to administrative compliance documentation, not to patient medical records themselves.

HIPAA Security Requirements

While HIPAA does not dictate retention periods, it does require that all protected health information (PHI) be safeguarded throughout its lifecycle. Covered entities must implement administrative, technical, and physical safeguards to protect records from unauthorized access, alteration, or destruction for as long as those records exist.

CMS and Medicare Requirements

Healthcare providers that participate in Medicare must comply with additional federal retention requirements. Under 42 CFR 424.516(f), providers and suppliers must maintain documentation for 7 years from the date of service.

This documentation includes written and electronic records related to orders, certifications, referrals, prescriptions, and payment requests for Part A or Part B services. Failure to comply with this requirement can result in revocation of Medicare enrollment under 42 CFR 424.535(a)(10).

For hospitals participating in Medicare, the Conditions of Participation at 42 CFR 482.24 require that medical records be retained in their original or legally reproduced form for a period of at least 5 years. Since Louisiana's 10-year hospital retention requirement is longer, the state law controls.

Louisiana's physician retention period of 6 years is shorter than Medicare's 7-year requirement. Physicians who participate in Medicare should retain records for at least 7 years to comply with both state and federal law.

Patient Access to Medical Records

Under La. Rev. Stat. 40:1165.1, every healthcare provider in Louisiana must furnish patients with copies of their medical records upon request. Providers must respond to written requests within 15 days.

Copying Fees for Paper Records

Louisiana law caps the fees that providers may charge for paper copies of medical records:

• First 25 pages: Up to $1.00 per page
• Pages 26 through 350: Up to $0.50 per page
• Pages 351 and above: Up to $0.25 per page
• Handling charge: Up to $25.00 for hospitals, nursing homes, and other providers
• Postage: Actual cost

Digital Records

When records are generated, maintained, or stored in digital format, patients may request copies in digital format. The copying charge for digital copies may not exceed $100.00, plus all postage charges actually incurred, which are billed separately from the $100.00 cap.

X-Rays and Imaging Copies

Authorized individuals also have the right to obtain copies of X-rays and other imaging media. Providers may charge reasonable reproduction costs plus a handling fee of $20.00 for hospitals or $10.00 for other healthcare providers.

HIPAA Access Rights

In addition to Louisiana state law, 45 CFR 164.524 grants individuals the right to inspect and obtain copies of their protected health information maintained in a designated record set. Covered entities must act on access requests within 30 days, with one 30-day extension permitted.

HIPAA requires that records be provided in the format requested by the individual if readily producible. If not readily producible, the covered entity must provide the records in a readable hard copy or another format agreed upon by both parties.

Parental Access to Minor Records

Parents generally have the right to access and request amendments to their minor child's medical records in Louisiana. However, this right has exceptions. If a healthcare provider reasonably believes that a parent is abusing or neglecting a child, the provider is not required to grant the parent access to the child's records.

Proper Destruction of Medical Records

Once the applicable retention period has expired, Louisiana healthcare providers may destroy medical records. However, destruction must be carried out in a manner that protects patient privacy and complies with both state and federal requirements.

HIPAA Destruction Standards

Under HIPAA, covered entities must ensure that protected health information cannot be recovered or reconstructed after destruction. The HHS guidance on disposal of PHI specifies acceptable methods:

• Paper records: Shredding, burning, pulping, or pulverizing so that PHI is rendered unreadable and cannot be reconstructed
• Electronic records: Clearing (overwriting), purging (degaussing), or physically destroying the storage media

Louisiana Requirements

Louisiana does not have a specific statute detailing medical records destruction procedures beyond what HIPAA requires. However, the Louisiana Department of Health and the Louisiana Department of Environmental Quality regulate the disposal of medical waste, which may include physical records contaminated with biological materials.

Healthcare providers should maintain a destruction log documenting what records were destroyed, the date of destruction, the method used, and the name of the person who supervised the process. This log should be retained permanently, as it serves as proof that records were handled properly.

Records Under Legal Hold

Providers must not destroy any records that are subject to a litigation hold or a pending subpoena. Under La. Rev. Stat. 40:2144(F)(2), a written preservation request extends retention specifically for graphic matter, images, X-ray films, and similar diagnostic materials beyond their standard 3-year period. That request may come from an attending or consultant physician, from the patient or someone acting legally on the patient's behalf, or from legal counsel for a party with an affected interest. It does not extend the 10-year general hospital record retention period.

Practice Closure and Records Transfer

When a physician or healthcare provider in Louisiana closes a medical practice, they remain responsible for ensuring that patient records are properly maintained for the remainder of the applicable retention period.

Notification Requirements

Neither La. Rev. Stat. 40:2144 nor La. Rev. Stat. 40:1165.1 addresses practice closure. Neither sets a notification timeline, and neither requires a physician to register anything with a state agency on closing. What the statutes do establish is that the retention duty itself does not end with the practice: records created during treatment still have to survive the full 6-year or 10-year period.

The Louisiana State Board of Medical Examiners' practitioner resources page notes that closing a practice requires careful attention to continuity of patient care and to safeguarding medical records, and points physicians to guidance from the Louisiana State Medical Society and the AMA Code of Medical Ethics. Those are professional-standards resources rather than a statutory checklist.

Best practices for notifying patients include:

• Sending written notice at least 30 to 90 days before the closure date
• Publishing a notice in a local newspaper
• Posting a notice in the office and on any practice website
• Telling patients in writing where their records will be held and how to request a copy

Records Custodian

Because the retention duty runs for the full statutory period regardless of whether the practice is still open, a physician who closes a practice needs a practical plan for holding the records for the remainder of that period. Arranging a custodian is the usual way to do it: another physician, a medical records storage company, or another appropriate entity can hold the records and respond to patient requests. This is a way of meeting the retention duty the statutes impose, not a separate statutory filing.

Louisiana's retention statutes do not create a public registry of records custodians, and no state agency is established by those statutes as a lookup service for locating records from a closed practice. Former patients are usually best served by writing to the physician's last known practice address, contacting any successor practice or group the physician worked with, or asking the facility where the treatment took place if the care was delivered in a hospital.

Sale or Merger of a Practice

When a practice is sold or merged with another provider, the acquiring entity typically assumes custody of existing patient records. The selling physician should notify affected patients and provide them with the opportunity to transfer their records to a different provider if they prefer.

Frequently Asked Questions

How long must Louisiana hospitals keep medical records?

Louisiana hospitals must retain medical records for a minimum of 10 years from the date the patient is discharged, as required by La. Rev. Stat. 40:2144. X-rays and diagnostic imaging materials must be kept for at least 3 years from discharge. That 3-year imaging period must be extended when a written request is made by any one of three people the statute names: an attending or consultant physician of the patient, the patient or someone acting legally on the patient's behalf, or legal counsel for a party whose interest is affected by the records. You do not need an attorney to make that request for your own imaging. The statute does not extend the 10-year general record retention period the same way.

How long do Louisiana doctors have to keep patient records?

Physicians and dentists in Louisiana must retain patient medical records for at least 6 years from the date the patient was last treated, under La. Rev. Stat. 40:1165.1. X-rays and imaging must be retained for at least 3 years. Physicians who participate in Medicare should keep records for at least 7 years to meet the federal requirement under 42 CFR 424.516(f).

Does HIPAA require medical records to be kept for a specific period?

No. The HIPAA Privacy Rule does not set medical record retention periods. State laws, including Louisiana's statutes, govern how long medical records must be retained. HIPAA does require covered entities to retain compliance documentation (such as privacy policies and training records) for 6 years under 45 CFR 164.530(j).

How can I get copies of my medical records in Louisiana?

You can submit a written request to your healthcare provider, who must provide copies within 15 days. Louisiana law caps copying fees at $1.00 per page for the first 25 pages, with lower rates for additional pages, plus a handling charge of up to $25.00. For records stored digitally, the copying charge cannot exceed $100.00, plus actual postage costs, which are billed separately from that cap. Under HIPAA, you also have the right to receive records in your preferred electronic format if readily producible.

What happens to my medical records if my doctor closes their practice?

Closing a practice does not end the retention duty. Your records still have to be kept for the balance of the 6-year period under La. Rev. Stat. 40:1165.1 (or 10 years under La. Rev. Stat. 40:2144 if the care was delivered in a hospital), so a departing physician generally arranges for another physician or a records storage company to hold them. Louisiana's retention statutes do not set up a state registry of records custodians, so there is no central list to search. Start with a written request to your former physician's last known practice address, then try any successor or group practice, and contact the hospital directly for records of hospital care.

Sources and References

• La. Rev. Stat. 40:2144 - Hospital Records and Retention Act - Louisiana State Legislature
• La. Rev. Stat. 40:1165.1 - Health Care Information; Records - Louisiana State Legislature
• La. Rev. Stat. 9:5628 - Actions for Medical Malpractice - Louisiana State Legislature
• HIPAA Privacy Rule - Medical Record Retention FAQ - U.S. Department of Health and Human Services
• 45 CFR 164.530 - Administrative Requirements - Electronic Code of Federal Regulations
• 45 CFR 164.524 - Access of Individuals to PHI - U.S. Department of Health and Human Services
• 42 CFR 482.24 - Condition of Participation: Medical Record Services - Electronic Code of Federal Regulations
• 42 CFR 424.516 - Additional Provider and Supplier Requirements - Electronic Code of Federal Regulations
• Disposal of Protected Health Information FAQ - U.S. Department of Health and Human Services
• CMS Medical Record Maintenance and Access Requirements - Centers for Medicare and Medicaid Services
• Louisiana State Board of Medical Examiners - Health Care Resources - LSBME