Md. Code Regs. 10.01.16.05

Current through Register Vol. 51, No. 20, October 4, 2024

Section 10.01.16.05 - Disposal of Medical Records

A. A health care provider shall maintain a medical record in accordance with the records retention schedule and may dispose of the record when the minimum retention requirements as described in Regulation .04B of this chapter have been met.

B. For purposes of destruction, a medical record is an indivisible entity unless, in the health care provider's professional judgment, the medical record is divisible.

C. A health care provider shall ensure confidentiality of medical records throughout the disposal process:

(1) For paper records, by incineration, shredding, pulping, or other comparable process which renders the records permanently unreadable;

(2) For electronic or magnetic media, such as computer disks or magnetic tapes, by completely sanitizing the media, and not just by erasure or deletion;

(3) For other media, such as film, photos, or compact discs, by destroying the media with no possibility of recovery; and

(4) By complying with the HIPAA security provisions at 45 CFR § 164.310(d), as amended.

Md. Code Regs. 10.01.16.05