Minnesota Medical Records Retention Laws (2026 Guide)

Minnesota requires hospitals to retain core medical records permanently and all other hospital records for at least seven years under Minn. Stat. 145.32. Outside that hospital scheme, Minnesota sets no fixed retention period for physicians licensed by the Board of Medical Practice. The seven-year rule most often quoted, Minn. Rule 2150.7535, binds Board of Behavioral Health and Therapy licensees. Hospital records of minors must be kept seven years or until the patient reaches age 18, whichever occurs last.

Minnesota has some of the most detailed hospital records retention laws in the country. The state draws a clear line between hospital records that must be kept permanently and those that can be destroyed after a set number of years. Physicians, clinics, and other providers fall under a patchwork of board rules, payer requirements, and federal regulations rather than a single state retention period.

This guide explains what Minnesota law requires for every type of healthcare provider, how federal rules layer on top, and what patients need to know about accessing their records.

Hospital Records: Permanent Retention vs. Seven Years

Minnesota Statute 145.32 creates a two-tier system for hospital medical records. Certain core portions of a patient's hospital record must be kept permanently. Other portions may be destroyed after seven years.

The Individual Permanent Medical Record

Under Minn. Stat. 145.32, Subdivision 2, the Commissioner of Health defines by rule which portions of a hospital record constitute the "individual permanent medical record." These portions must be retained indefinitely.

Minnesota Rule 4642.1000 specifies exactly what must be included in the permanent medical record. The required elements are:

• Identification data including the patient's name, address, date of birth, sex, and Social Security number if available
• Medical history covering the present illness, chief complaint, relevant social and family history, and provisional diagnosis (for obstetrical patients, prenatal information must be included; for newborns, birth history and delivery records are required)
• Physical examination report
• Surgical report documenting preoperative diagnosis, surgeon names, anesthetic agent, specimen descriptions with pathological findings, surgical findings, technical procedures, and postoperative diagnosis
• Discharge summary covering the reasons for hospitalization, clinical observations, procedures performed, treatment provided, significant test results, and discharge condition
• Autopsy findings when applicable

These six categories of records must never be destroyed. They form the permanent medical record that Minnesota hospitals are required to maintain for the lifetime of the institution and beyond.

Records That May Be Destroyed After Seven Years

All other portions of the individual hospital medical record, including miscellaneous documents, papers, and correspondence, may be destroyed after seven years. This applies to records that fall outside the six permanent categories listed above.

There are important conditions on this destruction. Under Minn. Stat. 145.32, Subdivision 1, the hospital administrator must obtain consent and approval from the board of directors or other governing body before destroying any records.

The statute also makes clear that nothing prohibits a hospital from retaining records longer than the minimum periods. Many Minnesota hospitals choose to keep all records well beyond seven years as a matter of institutional policy.

Electronic Preservation of Hospital Records

Minnesota Statute 145.30 authorizes hospital administrators to transfer original files and records to photographic film, electronic image, or other electronic preservation technology. This includes case histories, physical examinations, daily hospital records, and related correspondence.

Under Minn. Stat. 145.31, these electronic or photographic copies carry the same legal weight as original documents. Certified copies are admissible as evidence in Minnesota court proceedings with the same force as the originals, whether the original still exists or not. This provision was originally enacted in 1941 and updated in 2008 to reflect modern digital storage methods.

Physician and Provider Retention Requirements

Minnesota does not have a single statute that sets a universal retention period for all healthcare providers. Instead, different rules apply depending on the type of provider.

Physicians Licensed Under the Board of Medical Practice

Minnesota does not impose a fixed records retention period on physicians licensed by the Board of Medical Practice. The board's licensure rules, in Minnesota Rules chapter 5600, contain no records retention part, and no Minnesota statute sets a general retention period for physician records outside the hospital scheme in Minn. Stat. 145.32.

The seven-year figure widely quoted for Minnesota physicians comes from Minn. Rule 2150.7535, which governs a different board's licensees and is described in the next section. It does not bind physicians.

In practice, Minnesota physicians work to deadlines set by other sources rather than by a state retention rule:

• Minnesota Medical Assistance (Medicaid): at least five years after the initial date of billing, under Minn. Rule 9505.2190
• Medicare-participating hospitals: at least five years under 42 CFR 482.24, which reaches records held by the hospital
• Malpractice exposure: records are the primary evidence in any later claim, so practices commonly retain them until the relevant limitations period has run
• Hospital medical staff bylaws and payer contracts, which frequently impose their own retention terms

Many Minnesota practices adopt a seven-year or longer retention policy as a matter of prudence. That is a policy choice, not a state mandate.

Behavioral Health and Therapy Board Licensees: Seven Years

Minnesota Rule 2150.7535 ("Record Keeping") sits in Minnesota Rules chapter 2150, the licensure chapter of the Board of Behavioral Health and Therapy. It binds that board's licensees, who are counseling and behavioral health professionals, and its text speaks throughout of a "client" rather than a patient.

Subpart 3 requires the provider to retain a client's records for a minimum of seven years after the date of the provider's last professional service to the client, except as otherwise provided by law.

The rule also requires providers to maintain accurate and legible records containing:

• An accurate chronological listing of all contacts with the client
• Documentation of services, including assessment methods, data, and reports
• An initial treatment plan and any subsequent revisions
• The name of the individual providing the services
• Case notes for each date of service, including any interventions
• An accurate chronological listing of all fees charged

Other Healthcare Providers

Different categories of Minnesota healthcare providers may face different retention periods depending on their licensing board's rules. Providers regulated under Chapters 147 through 153A of Minnesota Statutes should check with their specific licensing board for applicable retention requirements.

Providers participating in Minnesota Medical Assistance must retain all health service and financial records for a health service that was billed or paid for at least five years after the initial date of billing, under Minnesota Rule 9505.2190.

Records for Minor Patients

Minnesota provides special protections for the medical records of minors. Under Minn. Stat. 145.32, all portions of individual hospital medical records of minors must be maintained for seven years or until the individual reaches the age of majority (18 years old), whichever occurs last.

For example, if a child receives hospital care at age 10, the seven-year deadline falls at age 17, but the age-of-majority deadline falls at age 18, and because the statute requires whichever date is later, the records must be retained until the child turns 18. If a child receives care at age 16, the seven-year deadline falls at age 23, which is later than the age-18 deadline, so the records must be retained until the child turns 23.

A comparable tolling rule applies to Board of Behavioral Health and Therapy licensees. Under Minn. Rule 2150.7535, subpart 3, if the client is a minor, the seven-year retention period does not begin until the client reaches age 18. There is no equivalent rule for physicians licensed by the Board of Medical Practice, who are subject to no fixed state retention period at all.

Once the retention period expires, a minor patient (now an adult) may request that their hospital records be destroyed, unless the hospital is required to retain the records as part of the individual permanent medical record.

Federal Requirements: HIPAA and CMS

Minnesota providers must comply with both state and federal records retention rules. Where federal and state requirements conflict, the stricter standard applies.

HIPAA (Health Insurance Portability and Accountability Act)

A common misconception is that HIPAA sets a minimum retention period for medical records. It does not. According to the U.S. Department of Health and Human Services, the HIPAA Privacy Rule does not include medical record retention requirements. State laws govern how long medical records must be retained.

However, HIPAA does require covered entities to retain HIPAA compliance documentation (policies, procedures, training records, and business associate agreements) for six years from the date of creation or the date when the document was last in effect, whichever is later. This applies to administrative documentation, not patient medical records.

HIPAA also requires covered entities to apply appropriate administrative, technical, and physical safeguards to protect medical records for as long as they are maintained.

CMS Conditions of Participation

Hospitals that participate in Medicare must comply with the Centers for Medicare and Medicaid Services (CMS) Conditions of Participation under 42 CFR 482.24. This regulation requires hospitals to retain medical records in their original or legally reproduced form for a period of at least five years.

Because Minnesota's hospital retention requirements (permanent for core records, seven years for other records) exceed the federal five-year minimum, Minnesota hospitals that follow state law will automatically satisfy the CMS requirement.

Additional CMS-related retention requirements include:

• Cost report records must be retained for at least five years after the closure of the cost report
• Medicare managed care records must be retained for ten years
• Medicaid reimbursement records must be kept for six years from the date of reimbursement or final determination of costs

Patient Access to Medical Records in Minnesota

The Minnesota Health Records Act (Minn. Stat. 144.291 through 144.298) gives patients broad rights to access their medical records.

Right to Access

Under Minn. Stat. 144.292, upon receiving a written request, a provider must supply the patient with complete and current information concerning any diagnosis, treatment, and prognosis within 30 calendar days. The information must be presented in terms and language the patient can reasonably be expected to understand.

Patients may request copies of their health records, including laboratory reports, x-rays, prescriptions, and technical information. Providers must furnish these copies within 30 days.

Fees for Copies

Minnesota law caps the fees providers may charge for medical record copies:

For records needed for current medical care review, providers cannot charge any fees. Special fee protections also apply for Social Security disability appeals, where the retrieval fee is capped at $10, and no fees apply when the patient receives public assistance or free legal services.

When Providers May Withhold Records

Under limited circumstances, Minnesota law allows a provider to withhold health record information if disclosure would be detrimental to the physical or mental health of the patient, or is likely to cause the patient to inflict self-harm or harm another person. In these cases, the information must be made available to an appropriate third party or other provider.

Proper Destruction of Medical Records

When the retention period expires and a provider chooses to destroy records, both state and federal rules govern how destruction must be carried out.

Minnesota Requirements

Under Minn. Stat. 145.32, hospital records may only be destroyed with the consent and approval of the hospital's board of directors or governing body. The statute does not prescribe specific destruction methods, but the requirement for board approval ensures institutional oversight of the process.

HIPAA Destruction Standards

The HIPAA Privacy Rule requires covered entities to implement reasonable safeguards when disposing of protected health information (PHI). According to HHS guidance, acceptable destruction methods include:

For paper records:

• Shredding
• Burning
• Pulping
• Pulverizing

For electronic media:

• Clearing (overwriting with non-sensitive data using certified software)
• Purging (degaussing or exposing media to a strong magnetic field)
• Physical destruction (disintegration, pulverization, melting, incinerating, or shredding)

PHI may never be disposed of in dumpsters, recycling bins, garbage cans, or other receptacles accessible by the public or unauthorized persons.

Penalties for Improper Handling

Under Minn. Stat. 144.298, a person who negligently or intentionally releases health records in violation of the Minnesota Health Records Act is liable to the patient for compensatory damages, plus costs and reasonable attorney fees. A violation may also result in disciplinary action against the provider by the appropriate licensing board.

The Minnesota Health Records Act operates independently of, and alongside, HIPAA rather than displacing it. Under HIPAA's own preemption rule (45 CFR 160.203), a state law that is more protective of patient privacy than the federal HIPAA Privacy Rule is not preempted and continues to apply alongside HIPAA.

What Happens When a Medical Practice Closes

When a physician retires or a medical practice closes in Minnesota, the provider remains responsible for maintaining patient records for any applicable retention period. The practice must arrange for a custodian to take over records management.

The Minnesota Board of Medical Practice assists patients who need to locate records from closed practices. Patients can contact the Board at (612) 617-2130 for help finding where their records have been transferred.

Providers who close a practice should:

1. Notify patients in advance and provide reasonable time for patients to request copies or transfers of their records
2. Arrange for a custodian (another provider, medical records storage company, or successor practice) to maintain records for the remainder of any applicable retention period
3. Notify the Minnesota Board of Medical Practice about the closure and the identity of the records custodian
4. Continue to comply with HIPAA security and privacy requirements throughout the transition

Failure to properly manage records during a practice closure can result in licensing board discipline and civil liability under the Minnesota Health Records Act.

Minnesota Medical Records Retention Summary Table