Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Porter Law Group does not assist with medical record retrieval from closed practices, and we kindly ask that you do not contact our firm regarding these matters.
Medical records hold sensitive pieces of information that are crucial to a patient’s recovery. As such, various federal and state laws are in place to ensure that its storage and distribution are enacted according to the best interest of all patients in the United States.
The Health Insurance Portability and Accountability Act (HIPAA) is among the most notable of these provisions. Under said act, standard protocols for handling sensitive patient information are set for healthcare facilities. Furthermore, this act empowers patients by allowing them to understand and decide how their medical information is used.
As pointed out in an article published by the American Medical Association, closed practice is among the top barriers to medical information access, especially when understanding how to obtain medical records from a closed practice. Non-digital records (often the case for behavioral health practices, independent practices, and rural clinics) are especially more difficult to obtain when healthcare facilities close. Patients may coordinate with local medical organizations to get a lead on how to procure any medical records from closed facilities.
How to Obtain Medical Records from a Closed Practice in New York?
Medical practices may close for a variety of reasons. Still, federal and state laws require all practices to ensure that all medical records of their patients are kept secure and accessible. A closing practice must ensure that:
| – their patients are notified of their eventual closure; – there are clear instructions for patients on how they can access their records; – they have a designated custodian who will manage all medical records; – relevant authorities are notified; and – they have provided their updated contact information for all relevant parties. |
Properly handling medical records during a practice closure is crucial for patient care and legal protection. It’s often advisable for closing practices to consult with healthcare attorneys to ensure they’re meeting all legal obligations.
Patients who cannot get in touch with their previous healthcare provider may try some of the steps provided below when learning how to obtain medical records from a closed practice. Remember to have your personal information ready when making inquiries, including full name, date of birth, and approximate dates of treatment. Be persistent, as it may take multiple attempts through different channels to locate your records.
1. Contact the New York State Department of Health (NYSDOH)
The NYSDOH oversees healthcare facilities and may have information about closed practices. Contact the Office of Professional Medical Conduct or the Patient Safety Center. They can guide you on locating records or inform you if they’re aware of where the records were transferred. You can reach out via phone, email, or their official website.
2. Check with Local Hospitals
If the physician had admitting privileges at nearby hospitals, the records might have been transferred there. Contact the medical records departments of local hospitals, providing the name of your former doctor and your personal information. Hospitals often maintain records for affiliated physicians, even after a practice closes.
3. Reach Out to Local Medical Societies
County medical societies often assist in managing the transition when practices close. Contact medical societies in the region where the practice was located. They may have information on record transfers or provide contact details for the physician or a designated records custodian. Some societies also maintain databases of closed practices and record locations.
4. Hire a Medical Record Retrieval Specialist
Professional medical record retrieval services specialize in locating and obtaining medical records, including from closed practices and can help with how to obtain medical records from a closed practice. They have the resources and expertise to track down records through various channels. While this option may involve a fee, it can be particularly helpful if other methods have been unsuccessful. Research reputable services and inquire about their processes and fees before engaging in their services.
What Type of Medical Records May Be Accessed by Patients?
In New York, all health practitioners are required to allow patients to have access to their medical records – with a few restrictions. All information about any examination or treatment is available for your review except the following:
- Personal practitioner notes
- Confidentially disclosed information
- Minor’s treatment information, if disclosure is deemed inappropriate
- Information potentially harmful to patient or others
- Substance abuse and mental health facility records (separate disclosure process applies)
- Information from other practitioners (request this directly from the respective practitioner)
- Records protected by specific laws (e.g., certain children’s records under Public Health Law, Section 17)
A doctor may legally withhold certain medical records if they believe access could harm your physical health or well-being. This is very rare but is allowed by the law. If access is denied for any reason, the healthcare provider must give you a written explanation of their decision.
Unduly denying access and altering hospital records is illegal and could be grounds for a medical malpractice claim. While processing cost is deemed reasonable by law, patients cannot be denied access to the records simply because they cannot pay said processing fees.
How Long Are Medical Records Kept in New York?
In New York, medical records must generally be retained for at least 6 years from the date of the last visit or treatment (as per New York State Education Law, Section 6530(32)). Special considerations are of course made for minors. Under various provisions, healthcare facilities are also guided as to how they should store and manage various types of medical records.
Here’s a breakdown of how long various types of medical records must be stored as per NY state laws:
| TYPE OF RECORD | RETENTION PERIOD | RELEVANT LAW |
| General Medical Records | At least 6 years from the last visit. Obstetrical records and minor records should be stored until the minor patient reaches 22 years old. | 8 NYCRR 29.2(a)(3) |
| Hospital Records | At least 6 years from discharge or 3 years after the patient turns 18 (whichever is longer) | 10 NYCRR 405.10(a)(4) |
| Mammography Records | At least 10 years, or longer in specific cases | 21 CFR 900.12(4)(i) |
| Substance Abuse Treatment Records | At least 10 years after discharge/contact, or 3 years after a patient reaches 18 (whichever is longer) | 14 NYCRR 822.8(p) |
| Operating Room Records | At least 6 years | 10 NYCRR 405.10(a)(4) |
| Deceased Patients’ Records | At least 6 years from date of death |
Note that these are minimum retention periods. Many healthcare providers choose to keep records longer, especially with electronic health records. Also, other factors like ongoing litigation or specific institutional policies may extend these retention periods.
Consult a Medical Malpractice Lawyer for Pressing Concerns
At the Porter Law Group, our team of proven medical malpractice lawyers deliver ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
