Missouri
Missouri Medical Records Retention Laws (2026 Guide)
Independently fact-checked against primary sources (last audited September 7, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 11 primary sources cited on this page. How we verify our legal content

Missouri hospitals must retain patient medical records for at least 10 years under state licensing regulations, extended until a minor's 20th birthday if that is longer. Licensed physicians must keep records for at least 7 years from the last service date under RSMo 334.097.
Missouri medical records retention laws establish specific timeframes that hospitals, physicians, and other healthcare providers must follow when storing patient health information. These rules come from multiple sources, including Missouri state statutes, the Missouri Code of State Regulations, and federal requirements under CMS and HIPAA.
This guide breaks down every requirement by provider type, explains your rights as a patient, and covers what happens when records must be destroyed or a practice closes.
Last verified: March 2026. This page reflects current Missouri Revised Statutes and applicable federal regulations.
Hospital Medical Records Retention in Missouri
Missouri's hospital licensing regulations require all licensed hospitals to maintain patient medical records for a minimum of 10 years. This requirement applies to every individual evaluated or treated in the hospital.

For patients who are minors, the retention period extends further. Hospitals must keep a minor patient's medical record until the patient's 20th birthday or for 10 years, whichever period is longer. This means if a child is treated at age 8, the hospital must retain that record until the child turns 20 (12 years), because that is longer than the standard 10-year minimum.
Storage and Security Requirements
Hospital medical records must be maintained to safeguard against loss, defacement, unauthorized access, and tampering. They must also be protected from fire and water damage. Missouri law permits hospitals to preserve records in the original paper format, on microfilm, or through other electronic media.
Hospitals may also extend their preservation of medical records beyond the minimum period for clinical, educational, statistical, or administrative purposes.
What Hospital Records Must Contain
Missouri regulations require hospital medical records to include information that identifies the patient along with complete clinical information. At a minimum, records must document:
- Patient identification details
- Medical history and physical examination findings
- Admitting diagnosis
- Results of consultations
- Complications that occurred during treatment
- Informed consent documentation
- Practitioner orders
- Treatment reports and progress notes
- Medication records
- Laboratory and diagnostic test results
- Discharge summaries with final diagnoses
The discharge summary must be completed within 30 days after discharge.
Primary Source: Missouri Secretary of State, Hospital Licensing Regulations
Physician Medical Records Retention in Missouri
Under RSMo 334.097, licensed physicians in Missouri must retain patient records for a minimum of 7 years from the date the last professional service was provided. This applies to all patient records that remain under the care, custody, and control of the licensee or the licensee's designee.
The 7-year clock resets each time a physician provides a service to that patient. If a patient last visited in January 2020, the physician must keep that record at least until January 2027.
What Physician Records Must Include
RSMo 334.097 spells out the minimum documentation that adequate medical records must contain:
- Patient identification, including name, date of birth, address, and phone number
- Dates of all patient visits
- Current patient status and reason for each visit
- Relevant physical examination findings
- Diagnostic assessment and clinical impressions
- Treatment plan, including any consultations or diagnostic testing ordered
- Names and dosages of medications prescribed
- Documentation of informed consent for office procedures
Electronic Records
Physicians may maintain their records in electronic format, but those electronic records must be capable of being printed for review by the Missouri Board of Registration for the Healing Arts if requested.
Amending Records
Changes made to a medical record more than 48 hours after the final entry must be clearly marked and identified as an amendment. The amendment must include the date and time of the change, the name of the person making the modification, and the reason for the alteration.
Primary Source: RSMo 334.097, Missouri Revisor of Statutes
Long-Term Care Facility Records Retention
Missouri's long-term care facility law, RSMo 198.052, sets different retention requirements for nursing homes and residential care facilities.

Each facility must retain the medical records of each resident for 5 years after the resident leaves the facility. For residents who are minors (under age 21), the facility must keep records for 5 years after the resident reaches age 21, meaning records are retained until the former resident turns 26.
Medicare and Medicaid Override
These state timeframes do not apply when longer retention periods are required under federal Medicare or Medicaid certification standards. Facilities certified under Title XVIII (Medicare) or Title XIX (Medicaid) must follow the longer federal requirements when they exceed Missouri's minimums.
Transfer of Records
When a resident transfers to another facility, the sending facility must ensure a copy of the medical record accompanies the resident during the transfer.
Change of Ownership
If a new operator takes over a facility, the original medical records of residents must remain at the facility. The departing operator cannot remove patient records when leaving.
Financial Records
In addition to medical records, long-term care facilities in Missouri must retain all financial information, data, and records relating to the operation and reimbursement of the facility for at least 7 years.
Primary Source: RSMo 198.052, Missouri Revisor of Statutes
Federal Requirements That Apply in Missouri
Missouri providers must also comply with federal medical records retention rules when they participate in Medicare, Medicaid, or handle protected health information under HIPAA.
HIPAA Documentation Requirements
A common misconception is that HIPAA requires providers to keep patient medical records for a specific number of years. HIPAA does not set a retention period for patient medical records. State law controls how long the actual patient records must be kept.
What HIPAA does require is that covered entities retain HIPAA-related administrative documentation for 6 years from the date of creation or the date it was last in effect, under 45 CFR 164.530(j). This includes:
- Privacy policies and procedures
- Employee training records
- Business associate agreements
- Complaint records and disposition documentation
- Risk assessments
CMS Conditions of Participation
The Centers for Medicare and Medicaid Services (CMS) set separate federal minimums through the Conditions of Participation:
| Provider Type | Minimum Retention Period | Federal Authority |
|---|---|---|
| Hospitals (Medicare) | 5 years after discharge | 42 CFR 482.24 |
| General Medicare providers | 7 years from date of service | CMS guidelines |
| Medicare Part D sponsors | 10 years from date of service | CMS guidelines |
Since Missouri's 10-year hospital retention requirement exceeds the federal 5-year minimum, Missouri hospitals must follow the state's longer timeframe.
Missouri Medicaid (MO HealthNet)
MO HealthNet providers must retain fiscal and medical records that document services billed to Missouri Medicaid for 6 years from the date of service. Nursing homes, CSTAR programs, and Community Psychiatric Rehabilitation Programs must retain records for 7 years.
This obligation continues even if the provider stops participating in MO HealthNet, changes ownership, or changes management. Failure to maintain adequate documentation can result in recovery of payments and sanctions.
Which Law Controls?
The stricter requirement always applies. Missouri's 10-year hospital requirement overrides the federal 5-year CMS minimum. For physicians, the state's 7-year requirement matches the general CMS guideline, so both are satisfied simultaneously.
Patient Access to Medical Records in Missouri
Under RSMo 191.227, all physicians, chiropractors, hospitals, dentists, and other licensed practitioners in Missouri must furnish copies of a patient's health records upon written request from the patient, a guardian, or a legally authorized representative.
Timeline
Providers must furnish records within a reasonable time after receiving the written request. Missouri law does not define a specific number of days, but HIPAA provides a backstop: covered entities must respond within 30 days of a request, with one possible 30-day extension.
Fees Providers May Charge
Missouri law permits providers to charge the following fees, adjusted annually based on the medical care component of the Consumer Price Index effective February 1 of each year. The amounts below are the fees the Missouri Department of Health and Senior Services has published as effective February 1, 2026:
| Fee Type | Maximum Amount |
|---|---|
| Search and retrieval | Up to $30.32 |
| Copying (per page) | $0.70 |
| Off-site storage retrieval | Up to $28.39 |
| Electronic delivery (total cap) | $132.89 |
| Postage | Actual cost |
| Notarization (if requested) | Up to $2.00 |
These are the maximum amounts. Providers cannot charge more than these limits.
Records of Deceased Patients
For deceased patients, records may be released to the executor or administrator of the estate, or to a person acting under a valid power of attorney. When no estate representative has been appointed, Missouri law establishes a priority order:
- Surviving spouse
- Adult children
- Parents
- Siblings
- Guardians or guardians ad litem of minor children
Each must submit an affidavit to obtain the records.
Liability Protection
Providers who release records in good faith under RSMo 191.227 are not liable to the patient or any other person for consequences resulting from the disclosure.
Primary Source: RSMo 191.227, Missouri Revisor of Statutes
Destruction of Medical Records
Missouri does not prescribe a single mandatory method for destroying medical records, but both state and federal guidelines require that records containing protected health information be rendered unreadable and unrecoverable.
Paper Records
HHS guidance on disposal of protected health information requires that paper records be destroyed using methods such as:
- Shredding
- Burning
- Pulping
- Pulverizing
The key standard is that the information must be rendered essentially unreadable, indecipherable, and otherwise unable to be reconstructed.
Electronic Records
Electronic media containing protected health information must be cleared, purged, or physically destroyed. Acceptable methods include:
- Clearing (overwriting with non-sensitive data using approved software)
- Purging (degaussing or exposing media to a strong magnetic field)
- Physical destruction (disintegration, pulverization, melting, incinerating, or shredding the media)
Security During Disposal
Records scheduled for destruction must remain secured against unauthorized access until the destruction process is complete. The Missouri Secretary of State's retention schedules specify that record series marked for secure destruction contain confidential data and must be destroyed under the supervision of a designated competent person.
Practice Closure and Record Transfer
When a healthcare provider closes their practice in Missouri, specific rules govern what happens to patient records.
Hospital Closure
If a hospital ceases to be licensed, it must make arrangements for the disposition of patient medical records with one of the following:
- A nearby hospital
- The patients' treating physicians
- A reliable storage company
The hospital must notify the Missouri Department of Health and Senior Services about the disposition plan for the records.
Physician Retirement or Practice Closure
Under RSMo 334.097, physicians must maintain records for 7 years from the last service date, regardless of whether the practice remains open. When a physician retires, dies, or closes their practice, the records must still be preserved for the full retention period.
Best practices recommended by the Missouri Board of Registration for the Healing Arts include:
- Notifying patients in advance so they can request record transfers
- Publishing a notice in a local newspaper of general circulation
- Arranging for a custodian physician or secure storage facility to hold records
- Filing a retirement or status-change notice with the Missouri Board of Registration for the Healing Arts as a best practice (RSMo 334.410's retirement-affidavit requirement is scoped specifically to anesthesiologist assistants, not physicians generally)
- Keeping records accessible throughout the remaining retention period
Long-Term Care Facility Closure
When a long-term care facility changes operators, the original medical records must remain at the facility under the new operator's custody, per RSMo 198.052. The departing operator cannot take the records.
Retention Periods at a Glance
| Provider Type | Minimum Retention Period | Minors | Authority |
|---|---|---|---|
| Hospitals | 10 years | Until 20th birthday or 10 years (whichever is longer) | MO Hospital Licensing Regulations |
| Physicians | 7 years from last service | Not specifically extended by statute | RSMo 334.097 |
| Long-term care facilities | 5 years after discharge | 5 years after age 21 (until age 26) | RSMo 198.052 |
| MO HealthNet (Medicaid) | 6 years from date of service | Same | MMAC Policy |
| MO HealthNet (nursing homes) | 7 years from date of service | Same | MMAC Policy |
| CMS hospitals (Medicare) | 5 years after discharge | N/A | 42 CFR 482.24 |
| HIPAA admin documentation | 6 years from creation | N/A | 45 CFR 164.530(j) |
Pharmacy Records in Missouri
Under RSMo 338.100, every licensed pharmacy in Missouri must preserve prescription records for at least 5 years. This includes the original or order of each drug or biological product that has been compounded or dispensed. Pharmacies may use a book, file, or electronic record-keeping system to meet this requirement.
Frequently Asked Questions
How long do Missouri hospitals keep medical records?
Missouri hospitals must keep patient medical records for a minimum of 10 years. For patients treated as minors, the hospital must retain records until the patient's 20th birthday or for 10 years, whichever period is longer. These requirements come from Missouri's hospital licensing regulations.
Does HIPAA require doctors to keep records for a set number of years?
No. HIPAA does not establish a retention period for patient medical records. HIPAA requires covered entities to retain administrative compliance documentation (policies, training records, business associate agreements) for 6 years. The actual retention period for patient records is determined by state law, which in Missouri means 7 years for physicians and 10 years for hospitals.
Can I get copies of my medical records in Missouri?
Yes. Under RSMo 191.227, you have the right to request copies of your medical records from any licensed healthcare provider in Missouri. Submit a written request, and the provider must furnish copies within a reasonable time. The provider may charge up to $30.32 for search and retrieval plus $0.70 per page for copies, or a maximum of $132.89 total for electronic delivery. These figures are the Missouri Department of Health and Senior Services' CPI-adjusted fees effective February 1, 2026, and they change again each February 1.
What happens to medical records when a Missouri doctor retires?
When a physician retires or closes their practice, the medical records must still be retained for the full 7-year period required under RSMo 334.097. As a best practice, the physician should notify patients, arrange for a custodian to hold the records, and file a retirement or status-change notice with the Missouri Board of Registration for the Healing Arts (RSMo 334.410's retirement-affidavit requirement is scoped specifically to anesthesiologist assistants, not physicians generally). Patients should request copies of their records before the practice closes.
How must medical records be destroyed in Missouri?
Missouri requires that medical records containing protected health information be rendered unreadable and unrecoverable. For paper records, acceptable methods include shredding, burning, pulping, or pulverizing. For electronic records, providers must use clearing, purging, or physical destruction methods. Records must remain secured until the destruction process is complete.
Updates
Independently fact-checked against the cited primary sources
Updated the medical records copying fee schedule to the current CPI-adjusted amounts published by the Missouri Department of Health and Senior Services, effective February 1, 2026 ($30.32 search/retrieval, $0.70 per page, $28.39 off-site storage, $132.89 electronic-delivery cap), replacing the frozen 2018 base rate the page previously listed.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected: RSMo 334.
Corrected the physician-retirement FAQ answer to reframe the retirement affidavit as best practice, not a legal requirement, matching the earlier body fix (RSMo 334.410 applies only to anesthesiologist assistants).
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXII (OCCUPATIONS AND PROFESSIONS), Chapter 334
§ 334.097Medical records, maintenance of, requirements, contents — corrections, additions, and changes.In force
1. Physicians shall maintain an adequate and complete patient record for each patient and may maintain electronic records provided the record-keeping format is capable of being printed for review by the state board of registration for the healing arts. An adequate and complete patient record shall include documentation of the following information: (1) Identification of the patient, including name, birthdate, address and telephone number; (2) The date or dates the patient was seen; (3) The current status of the patient, including the reason for the visit; (4) Observation of pertinent physical findings; (5) Assessment and clinical impression of diagnosis; (6) Plan for care and treatment, or additional consultations or diagnostic testing, if necessary. If treatment includes medication, the physician shall include in the patient record the medication and dosage of any medication prescribed, dispensed or administered; (7) Any informed consent for office procedures.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2003
Opinions citing this section in our collection:
- State Board of Registration for the Healing Arts v. McDonagh (Supreme Court of Missouri 2003, 123 S.W.3d 146)“…ion 334.097, governing the maintenance of medical records. Sec. 334.097, RSMo Supp.2002. [19] Because of the resol…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 334.410Retirement, affidavit to be filed with board — renewal of registration for resumption of practice.In force
Any person licensed to practice as an anesthesiologist assistant in this state who retires from such practice shall file with the board an affidavit, on a form to be furnished by the board, which states the date of retirement and such other facts to verify the retirement as defined by board rule. Registration with the board must be renewed pursuant to section 334.414 for any person that wants to resume the practice of an anesthesiologist assistant.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Revised Statutes of Missouri, Title XII (PUBLIC HEALTH AND WELFARE), Chapter 198
§ 198.052Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when.In force
1. The state auditor, at the request of the department or on his own initiative, may examine and audit any records relating to the operation of any facility. 2. The director of the department may examine and audit, or cause to be examined and audited, any records relating to the operation of any facility. 3. Each facility shall retain all financial information, data and records relating to the operation and reimbursement of the facility for a period of not less than seven years. 4. Notwithstanding anything to the contrary in sections 198.003 to 198.186, 198.200, 202.905, 208.030, or 208.159, the state auditor shall have the right to examine the records of any facility which he deems necessary in connection with any examination conducted pursuant to his statutory authority, and to disclose the results of any such examination including the identity of any facility examined, provided that the identity of any resident of any such facility shall not be divulged or made known by the state auditor.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Revised Statutes of Missouri, Title XXII (OCCUPATIONS AND PROFESSIONS), Chapter 338
§ 338.100Records required to be kept — requirements.In force
1. Every permit holder of a licensed pharmacy shall cause to be kept in a uniform fashion consistent with this section a suitable book, file, or electronic record-keeping system in which shall be preserved, for a period of not less than five years, the original or order of each drug or biological product which has been compounded or dispensed at such pharmacy, according to and in compliance with standards provided by the board, and shall produce the same in court or before any grand jury whenever lawfully required. A licensed pharmacy may maintain its prescription file on readable microfilm for records maintained over three years. After September, 1999, a licensed pharmacy may preserve prescription files on microfilm or by electronic media storage for records maintained over three years. The pharmacist in charge shall be responsible for complying with the permit holder's record-keeping system in compliance with this section. Records maintained by a pharmacy that contain medical or drug information on patients or their care shall be considered as confidential and shall only be released according to standards provided by the board. Upon request, the pharmacist in charge of…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1988
Opinions citing this section in our collection:
- Loomstein v. Medicare Pharmacies, Inc. (Missouri Court of Appeals 1988, 750 S.W.2d 106)“…110 claims the Dr. Korenblat incident violated § 338.100 RSMo 1978, which provides that the proprieto…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Statutes of Missouri, Title XII (PUBLIC HEALTH AND WELFARE), Chapter 191
§ 191.227Medical records to be released to patient, when, exception — fee permitted, amount — liability of provider limited — annual handling fee adjustment — disclosure of deceased patient records, when — emergency care records.In forcecited in 2 of our articles
1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his or her record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. Beginning August 28, 1994, such record shall be furnished within a reasonable time of the receipt of the request therefor and upon payment of a fee as provided in this section.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Brown v. Hamid (Supreme Court of Missouri 1993, 856 S.W.2d 51)“…logic of a Florida case, 3 Ellis alleges that § 191.227 RSMo Supp. 1992 and a case interpreting it…”
- Carter v. St. John's Regional Medical Center (Missouri Court of Appeals 2002, 88 S.W.3d 1)“…s complains that admission of Exhibit 16 (a reproduction of § 191.227 RSMo 2000); admission of St. John’s tax retu…”
- St. Anthony's Medical Center v. H.S.H. (Missouri Court of Appeals 1998, 974 S.W.2d 606)“…IV. Conclusion On appeal, St. Anthony’s argues that Section 191.227 RSMo Supp.1990 protected the hospital from l…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026)
Code of Federal Regulations Title 42
§ 482.24Condition of participation: Medical record services.In forcecited in 52 of our articles
The hospital must have a medical record service that has administrative responsibility for medical records. A medical record must be maintained for every individual evaluated or treated in the hospital. (a) Standard: Organization and staffing. The organization of the medical record service must be appropriate to the scope and complexity of the services performed. The hospital must employ adequate personnel to ensure prompt completion, filing, and retrieval of records. (b) Standard: Form and retention of record. The hospital must maintain a medical record for each inpatient and outpatient. Medical records must be accurately written, promptly completed, properly filed and retained, and accessible. The hospital must use a system of author identification and record maintenance that ensures the integrity of the authentification and protects the security of all record entries. (1) Medical records must be retained in their original or legally reproduced form for a period of at least 5 years. (2) The hospital must have a system of coding and indexing medical records. The system must allow for timely retrieval by diagnosis and procedure, in order to support medical care evaluation studies.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):United States ex rel. Janssen v. Lawrence Memorial Hospital (2020) held the accurate medical record duty in 42 C.F.R. 482.24 is a generic regulatory requirement that does not establish False Claims Act materiality. United States Ex Rel. El-Amin v. George Washington University (2008) applied 482.24(c) to record completion evidence.
Opinions citing this section in our collection:
- United States ex rel. Janssen v. Lawrence Memorial Hospital (Court of Appeals for the Tenth Circuit 2020, 949 F.3d 533)✓A relator alleged the hospital falsified patient arrival times to raise its Medicare quality-program payments. The court held the general duty to keep accurate medical records under 42 C.F.R. 482.24 does not address those programs and cannot show False Claims Act materiality.
- United States Ex Rel. El-Amin v. George Washington University (District Court, District of Columbia 2008, 533 F. Supp. 2d 12)✓Nurse anesthetists claimed the hospital billed Medicare as though anesthesiologists performed whole procedures. Citing the 30-day rule in 42 C.F.R. 482.24(c)(2), the court excluded late-signing evidence, and excluded mass-signing evidence too though (c)(1) made it probative.
- NATIONAL ASS'N OF PSYCHIATRIC HEALTH SYSTEM v. Shalala (District Court, District of Columbia 2000, 120 F. Supp. 2d 33)“…to preexisting recordkeeping requirements, as specified in 42 C.F.R. § 482.24 . 7 . Proposed Rul…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Do Hospitals Keep Medical Records? (2026), How to Find Old Medical Records Online, Medical Records Retention Laws by State (2026 Guide)
Code of Federal Regulations Title 45
§ 164.530Administrative requirements.In forcecited in 40 of our articles
(a)(1) Standard: Personnel designations. (i) A covered entity must designate a privacy official who is responsible for the development and implementation of the policies and procedures of the entity. (ii) A covered entity must designate a contact person or office who is responsible for receiving complaints under this section and who is able to provide further information about matters covered by the notice required by § 164.520. (2) Implementation specification: Personnel designations. A covered entity must document the personnel designations in paragraph (a)(1) of this section as required by paragraph (j) of this section. (b)(1) Standard: Training. A covered entity must train all members of its workforce on the policies and procedures with respect to protected health information required by this subpart and subpart D of this part, as necessary and appropriate for the members of the workforce to carry out their functions within the covered entity. (2) Implementation specifications: Training.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Surprise v. Innovation Group, Inc. (2013) applied 45 CFR 164.530(c), noting it requires appropriate safeguards but does not specify what they must be, and rejected a wrongful discharge claim resting on it. Baum v. KEYSTONE MERCY HEALTH PLAN (2011) treated the same duty as background to state tort claims and remanded.
Opinions citing this section in our collection:
- Baum v. KEYSTONE MERCY HEALTH PLAN (District Court, E.D. Pennsylvania 2011, 826 F. Supp. 2d 718)✓A lost flash drive exposed health data on 280,000 insured children, and a parent sued in state court for negligence per se. The court held that resting the claim on the HIPAA safeguard rule at 45 C.F.R. 164.530(c)(2)(i) raised no substantial federal question, and remanded.
- Surprise v. Innovation Group, Inc. (District Court, D. Massachusetts 2013, 925 F. Supp. 2d 134)✓An employee fired after complaining that health-information documents went into unsecured trash sued for wrongful discharge. The court read 45 C.F.R. 164.530(c) to require safeguards without prescribing a method, and held HIPAA disposal rules are not well-defined public policy.
- Michael Terpin v. at and T Mobility LLC (Court of Appeals for the Ninth Circuit 2024, 118 F.4th 1102)“…viders to protect patients’ “protected health information.” 45 C.F.R. § 164.530(c)(1); Moore, 299 Cal. Rptr. 3d at 561.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Medical Records Retention Laws (2026 Guide), Arkansas Medical Records Retention Laws (2026 Guide), District of Columbia Medical Records Retention Laws (2026 Guide)
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Sources and References
- RSMo 334.097 - Physician Medical Records Requirements(revisor.mo.gov).gov
- RSMo 198.052 - Long-Term Care Facility Records Retention(revisor.mo.gov).gov
- RSMo 191.227 - Patient Access to Medical Records(revisor.mo.gov).gov
- RSMo 338.100 - Pharmacy Records Retention(revisor.mo.gov).gov
- Missouri Hospital Licensing Regulations (19 CSR 30-20)(sos.mo.gov).gov
- MO HealthNet Medicaid Record Retention Policy(mmac.mo.gov).gov
- HHS - Does HIPAA Require Covered Entities to Keep Medical Records?(hhs.gov).gov
- 42 CFR 482.24 - CMS Conditions of Participation: Medical Record Services(law.cornell.edu)
- 45 CFR 164.530 - HIPAA Administrative Requirements(law.cornell.edu)
- HHS - Disposal of Protected Health Information(hhs.gov).gov
- Missouri Secretary of State - Records Retention Schedules(sos.mo.gov).gov
- HHS - Individuals' Right Under HIPAA to Access Health Information(hhs.gov).gov
- Missouri DHSS - Current Medical Records Fee Schedule (CPI-Adjusted)(health.mo.gov).gov