Author: Tiffany Stockton
Reviewed By: Catherine Braxton

Assisted living facilities keep patient records for 6 to 10 years after the last date of service or after the resident’s discharge. Federal and state laws, such as the Health Insurance Portability and Accountability Act, dictate the retention and privacy of health records for assisted living residents. If you’re concerned about the retention of your own or a loved one’s records, contact the facility directly and inquire about its record retention policies.

Why facilities retain patient records 

Resident records contain valuable information about medical history, treatment plans and care preferences. Maintaining these records ensures continuity of care. Health care professionals rely on accurate and complete records to assess residents’ needs and implement appropriate care plans. If a resident transfers to another health care provider or facility, comprehensive and up-to-date records facilitate a seamless care transition. The same applies to emergencies. Quick access to resident records aids emergency responders and health care providers in making informed decisions.

Retaining resident records also helps protect the facility from potential legal consequences. If an incident or legal dispute arises, well-maintained records serve as evidence and documentation of the actions taken by the facility and its staff. Health authorities may conduct audits and inspections to ensure compliance with regulations. Having detailed records facilitates the audit process and demonstrates the facility’s commitment to regulatory compliance.

Factors affecting the length of retention periods

Assisted living facilities must comply with federal and state laws regarding records retention, but provider specialties and legal considerations influence specific retention lengths. Skilled providers performing intricate procedures, such as implanting devices, sometimes retain records longer than a practitioner who offers therapy. Most facilities maintain records long enough for the statute of limitations to expire on any potential litigation requests. Most times, this occurs after ten years. However, facilities retain records indefinitely associated with incidents that could lead to litigation and all records requested by attorneys or administrative agencies.

Ethical considerations and a commitment to residents’ privacy may also influence how long records are retained. Facilities often prioritize resident confidentiality and data security. Converting the less critical administrative paper records to electronic health records aids the retrieval process, freeing up physical storage space for more critical records, such as medical or financial information. Facilities regularly review and update their record retention policies to align with evolving legal and industry standards.