Excellent point Richard. The best I could tell, there were many more references in the Code that required 10 years. There definitely should be a concentrated effort to clean up all these references if the retention change is to be effective.
Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
[log in to unmask]
________________________________
From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Harrington, Richard
Sent: Tuesday, November 22, 2005 11:07 AM
To: [log in to unmask]
Subject: Re: Medical records
Thanks for the heads up Ginny. I suspect that these citations and any others that are located in the VA Code were a result of the 10 year requirement in the Public Records Act. They would also need to be changed to the 6 year HIPAA requirements if that is adopted. It would make it much easier to administer a 6 year requirement in order to comply with the HIPAA regulations across the board rather than having to retain the records for an additional 4 years. I would also recommend changing the requirements for minors from 5 to 6 years after majority to be consistent. In the past, there were no general rules to follow at the Federal level which is why the 10 years was adopted by the State. With HIPAA being adopted at the Federal level with enforcement required by all States, this has changed. At the time, I was on the State committee that drew up the 10 year retention and no retention period had been previously addressed by the State. Perhaps other localities do not have the volume that Fairfax County does, but having to retain records for an extra 4 years places a storage burden upon the County. We are averaging a total of 500 or more boxes per year of records classified as medical files. If the 6 year retention is adopted, other localities would still have the option of retaining their records for 10 years since the State mandated retention periods are for the minimum time period, not maximum.
Richard "Dick" Harrington
Fairfax County Archivist / Recs. Mgr.
6800-A Industrial Rd.
Springfield, VA 22151
Tel: 703 658-3776
Fax: 703 642-2832
-----Original Message-----
From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Jones, Virginia
Sent: Tuesday, November 22, 2005 10:25 AM
To: [log in to unmask]
Subject: Re: Medical records
Here is a preliminary notation of existing "more than six year" retentions in the Virginia Administrative Code. The web site went down, so I have not completed the search.
12VAC5-380-220 (C) - Originals or reproductions of individual patient medical records shall be maintained for a minimum of 10 years following discharge from service
12VAC5-390-260 (C) - Originals or reproductions of individual patient medical records shall be maintained for a minimum of 10 years following discharge from service
12VAC5-391-280(K) - Records of minors shall be kept for at least five years after the minor reaches 18 years of age
Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
[log in to unmask]
________________________________
From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Mark Walsh
Sent: Tuesday, November 22, 2005 9:30 AM
To: [log in to unmask]
Subject: Re: Medical records
Folks -
As a first step we will be removing references to the repealed section of the Virginia Public Records Act, but leaving the 10 year retention period. Since posting Dick's query, I have only had three comments returned. If this is a priority issue for consideration, I would like to hear from folks so that we can draft revisions no later than January 11th for the January 19th meeting of the Records Oversight Committee.
A very happy Thanksgiving to all List members and their families.
Cheers!
Mark
G. Mark Walsh, C.A.
Records & Information Analyst
Records Management Services
Library of Virginia
(804) 692-3650
________________________________
From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Laura Wilson
Sent: Tuesday, November 22, 2005 9:17 AM
To: [log in to unmask]
Subject: Re: Medical records
District 19 CSB supports changing the records retention requirements in GS-18 (Series 005612, 005613, 005614) from 10 years to 6 years.
Thanks!
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-----Original Message-----
From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Mark Walsh
Sent: Thursday, November 17, 2005 9:40 AM
To: [log in to unmask]
Subject: FW: Medical records
Folks -
Dick brings up a good point here. The next meeting of the Records Oversight Committee is December 8th. I'd be grateful to receive any comments on these series entries by COB Monday, Nov. 28th so that I can get going on revisions.
I checked Florida's retentions at http://dlis.dos.state.fl.us/barm/genschedules/GS01L_Updates.cfm, and they are consistently 6 years with HIPPA citations.
Cheers!
Mark
G. Mark Walsh, C.A.
Records & Information Analyst
Records Management Services
Library of Virginia
(804) 692-3650
________________________________
From: Harrington, Richard [mailto:[log in to unmask]]
Sent: Wednesday, October 26, 2005 4:30 PM
To: Mark Walsh
Subject: RE: Medical records
Thanks Mark, there are also the records in GS-18 which quote the repealed section and could be changed to 6 years as well. Thanks.
Dick Harrington
Client Case Files - Medical/Treatment, Adults
This series consists of the history of treatment and services provided to individual patients. Series includes counseling records, medication records and other medical or treatment information. Refer to Code of Virginia, § 42.1-79.1 for notification requirement.
005612
Retain 10 years after last treatment/contact, then destroy in compliance with No. 8 <http://www.lva.lib.va.us/whatwedo/records/sched_local/gs-18.htm#8> on schedule cover page, Code of Virginia, § 42.1-79.1. See Note 1, last page.
Client Case Files - Medical/Treatment, Juveniles
This series consists of the history of treatment and services provided to individual patients. Series includes counseling records, medication records and other medical or treatment information. Refer to Code of Virginia, § 42.1-79.1 for notification requirement.
005613
Retain 10 years after last treatment/contact or 5 years after patient reached the age of majority, whichever is greater; then destroy in compliance with No. 8 <http://www.lva.lib.va.us/whatwedo/records/sched_local/gs-18.htm#8> on schedule cover page, Code of Virginia, § 42.1-79.1. See Note 1, last page.
Client Case Files - Medical/Treatment, Persons with a Legal Disability
This series consists of the history of treatment and services provided to individual patients. Series includes counseling records, medication records and other medical or treatment information. Includes patients with a disability as specified in Code of Virginia, § 8.01-229 (legal guardian appointed). Refer to Code of Virginia, § 42.1-79.1 for notification requirement.
005614
Retain 10 years after last treatment/contact or 5 years after removal of disability/guardianship, whichever is greater; then destroy in compliance with No. 8 <http://www.lva.lib.va.us/whatwedo/records/sched_local/gs-18.htm#8> on schedule cover page, Code of Virginia, § 42.1-79.1. See Note 1, last page.
-----Original Message-----
From: Mark Walsh [mailto:[log in to unmask]]
Sent: Monday, October 24, 2005 8:03 AM
To: Harrington, Richard
Subject: RE: Medical records
Dick -
I will bring this up...our HIPPA specialist, Jeff Snyder, recently took another position in the private sector. Bear with us, we'll get back to you on this.
Cheers!
Mark
G. Mark Walsh, C.A.
Records & Information Analyst
Records Management Services
Library of Virginia
(804) 692-3650
________________________________
From: Harrington, Richard [mailto:[log in to unmask]]
Sent: Friday, October 21, 2005 3:21 PM
To: Mark Walsh
Subject: Medical records
Mark,
Now that the medical record section 42.1-79.1 has been repealed from the Public Records Act, can we also change the requirement in GS-20
Patient Medical/Dental Records - Adult s - Series No. 012504
This series documents the treatment history of patients receiving locality medical services and not falling in categories, below.
Retain 10 years after last treatment, then destroy in compliance with No. 8 <http://www.lva.lib.va.us/whatwedo/records/sched_local/gs-20.htm#8> on schedule cover page, Code of Virginia, Section 42.1-79.1.
to reflect that these records must now meet HIPAA requirements of 6 years?
And for minors, retain 5 years after age of majority or 6 years after last treatment whichever is greater?
Patient Medical/Dental Records - Minors - Series No. 012503
This series documents the treatment history of patients receiving locality medical services when the last treatment was before the age of 18.
Retain 5 years after age of majority or 10 years after last treatment, whichever is greater; then destroy in compliance with No. 8 <http://www.lva.lib.va.us/whatwedo/records/sched_local/gs-20.htm#8> on schedule cover page, Code of Virginia, Section 42.1-79.1.
Thanks.
Richard "Dick" Harrington
Fairfax County Archivist / Recs. Mgr.
6800-A Industrial Rd.
Springfield, VA 22151
Tel: 703 658-3776
Fax: 703 642-2832
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