Minnesota law requires all physicians to maintain adequate medical records on each patient, and provide those records as required by law.  If a physician fails to follow these requirements, the Minnesota Board of Medical Practice may refuse to grant a license or impose disciplinary action against the physician.1  Minnesota also requires that all hospitals maintain accurate and complete medical records on each patient from admission to discharge.  The law requires hospitals to retain medical records for seven years.2  The hospital medical records must include basic identifying information about the patient as well as clinical data regarding diagnosis and treatment.3

            Minnesota also has requirements that an individual chart and record must be kept for each patient admitted to a nursing home.4  The medical record must be created for each patient within 72 hours of admission.  The medical record must include identifying information of each patient.  At the time of discharge or death, the medical record should be completed with the relevant information such as date and time of discharge, reason for discharge, and/or date and time of death.5   The law also requires that medical records be stored in an easily accessible, secure area at the nurses’ station as it is a central area.6  Minnesota regulations also require that nursing homes retain medical records for at least five years after death or discharge.7

            Minnesota also sets forth the requirements for providers who participate in Medicaid.  A participating provider with Medicaid or Medicare or other medical assistance program must maintain medical records, health care records, financial records, including appointment books and billing transmittal forms for five (5) years.8  The records can be transferred to an electronic system after the fourth or fifth year of billing.  Providers must maintain and store records that allow the Department of Human Services to inspect records when needed.9  The medical record must include basic information about the patient as well as clinical or diagnostic information about the treatment provided by the provider.10  Medicaid participating providers must also maintain financial records that contain the provider’s financial information, such as billing records, accounting records, and employee records.11  Medicaid providers must give the Department of Human Services access to health service records and financial records in order to monitor fraud and abuse.12  The law also requires that Medicaid participating providers maintain certain other records, including detailed ownership information, property information, and statistical data.  This information must be reported to the Department of Human Services annually.13

            The state of Minnesota has also established regulations for recordkeeping in Community Health Clinics.  A community health clinic is defined as a non-profit, tax-exempt entity that was established to serve underserved populations.  Specifically, for the community health center to receive medical assistance payments, such as Medicaid or CHIP, the clinic must have in writing, a list of health care services that it provides, policies about the medical management of health conditions, and policies regarding the maintenance of medical records by physicians in the clinic.14

            Minnesota law also takes steps to provide patients access to their medical records and health information.  Patients have the right to access their complete medical record from their health care provider, and have the right to know when disclosures of health information can be made.  The law provides an exception to the access rule if the provider believes that it would be detrimental to the patient or others to have access to his or her own medical record.  Providers are also authorized to charge patients reasonable fees for copies of medical records.15  Minnesota also permits other individuals to have access to the medical records of a patient being treated for a mental illness if the patient authorizes the access and the individual makes the request in writing.16  Enforcement of medical record access laws is left up to the appropriate licensing body that can discipline the provider for violations.17  Minnesota law also provides consumers access to personal information held by health insurance companies upon written request.  In responding to the request, the insurance company must also include procedures on how to correct, delete or modify the information.  The insurance company may charge a fee for providing the information.18