WI Stat. s893.56 Statute of limitations for Minors Actions recommends a retention period of 5 years or until the patient becomes 10 years of age. WI ADM. Code DHS 106.02(9)(a) 5 years from date payment is received for PHI ( Medical Records). For medical records pertaining to AODA/Mental Health the recommended retention period is until the patient becomes 19 years of age or until 7 years after treatment has been completed. For Medical records from Emergency room services the recommendation is until the patient becomes 10 years of age or for 5 years after discharge, whichever is greater per WI Stat.s893.56 Statute of Limitations for Minors Actions & WI ADM. Code DHS 106.02(9)(a) 5 years from date payment is received. Medical records on which there may be pending litigation may be exempt from scheduled destruction at the discretion of the Facility. If state laws and regulations require a greater retention time period, the greater will be followed. P ROCEDURE 1. The Facility will review state laws and regulations to determine Medical Record retention period and “legal age.” WI Stat. s893.56 Statute of limitations for Minors Actions recommends until the patient becomes 10 years of age, or for 5 years, whichever is greater. 2. If state laws or regulations require a different retention period, the greater retention period will be followed.
3. The Facility will store the records until the retention period has expired. Records must be stored in a secure manner. The records must be protected from unauthorized access and accidental/wrong destruction. 4. At the expiration of the retention period, the Medical Records will be destroyed. Records should be destroyed annually in accordance with the retention time frames.
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