According to New York state law, when can you legally shred records?

Question:

Dear Jennifer,[br][br]

Hope you are having a nice summer. Please advise that it is OK to shred medical charts for adult patients if the patient has not been seen for six years or more (as per New York state law).[br][br]

Thanks for your advice.[br][br]

Sincerely,[br][br]

— Dr. S[br][br]

Answer:[br][br]

Yes, as per New York state law, you may properly, in a HIPAA-compliant manner, discard records the later of: (i) six years; or (ii) one year over majority. Please note certain Medicare plans (federal) require you to keep records for 10 years. Best course with our electronic requirements: Scan all records and maintain them electronically as opposed to discarding entirely. Electronic have the same effect as paper records, so there is no need to keep the paper.

Again, please make sure to discard in a HIPAA-compliant manner. For active patients of your practice, please maintain whole chart (electronic format is acceptable)!

Provided by Jennifer Kirschenbaum of Kirschenbaum & Kirschenbaum, PC