How Long Do Doctors Have to Keep Medical Records in Florida? A Quick Guide to Retention Laws

Medical Record Retention Periods

At-a-glance minimums for Florida physicians

If you are an MD practicing in Florida, the Florida Board of Medicine rules require you, as the medical records owner, to keep patient records for at least five years from the last patient contact. Osteopathic physicians (DOs) have the same five‑year minimum under the Board of Osteopathic Medicine. These are minimums; many practices retain records longer to align with litigation and payer audits. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.002))

Who is the “records owner” and what does that mean?

Florida law distinguishes between the records owner (often the practice entity or employer) and a records custodian. The records owner controls medical records, must ensure medical records accessibility to patients, and must furnish copies upon request; when ownership transfers, the new owner assumes custody and the duty to provide copies. ([flsenate.gov](https://flsenate.gov/laws/statutes/2024/456.057?utm_source=openai))

Retention Requirements for Minor Patients

Florida’s physician retention rule sets a single minimum—five years from last patient contact—for all patients, including minors. However, Florida’s medical malpractice statute allows claims to be filed until a child’s eighth birthday in cases involving injuries to minors, which is why many practices keep minor records longer than the five‑year floor to support healthcare provider compliance and risk management. Always align your policy with your insurer’s guidance. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.002))

Why many practices exceed the minimum

Because legal claims statutes permit up to two years from discovery, with a four‑year statute of repose (and limited extensions), retaining records beyond the minimum can better protect both patients and your practice. This is especially relevant where care occurred early in childhood. ([flsenate.gov](https://www.flsenate.gov/Laws/Statutes/2024/0095.11?utm_source=openai))

Medicaid and Medicare Record Retention

Florida Medicaid

Florida Medicaid providers must keep all medical and related records for at least five years from the date of service. If you’re a Medicare crossover‑only provider, you must keep health care service records for six years. ([flrules.elaws.us](https://flrules.elaws.us/fac/59g-1.054/?utm_source=openai))

Medicare (federal)

For Medicare Part A and B, providers and ordering/certifying physicians must maintain documentation supporting ordered, certified, referred, prescribed, or furnished services for seven years from the date of service. Hospitals also have a separate condition of participation requiring retention of medical records for at least five years. ([law.cornell.edu](https://www.law.cornell.edu/cfr/text/42/424.516?utm_source=openai))

Physician Practice Termination Procedures

Patient notification requirements when you close, sell, or relocate

• Publish a notice once a week for four consecutive weeks in the newspaper of greatest general circulation in each county where you practice and in a local newspaper serving the immediate area.
• Include the date of termination, sale, or relocation and the address where patients can obtain records (from you or another licensed MD/DO).
• Send a copy of the published notice to the Florida Board of Medicine within one month of the termination, sale, or relocation.
• You may, but are not required to, post a sign at the office or mail letters to patients; any notice should explain how to transfer or receive records.

Florida’s general statute also requires records owners to advertise or notify patients in writing when they’re terminating practice and to notify the appropriate board of the new records owner and record location. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.002))

Record Retention After Physician Death

Who holds physician record custody and for how long?

Upon an MD’s death, the executor, administrator, personal representative, or survivor must retain existing patient records for at least two years. A notice informing patients of record availability must be published within one month of death; after 22 months, a weekly notice for four consecutive weeks must state that records will be destroyed no sooner than one month after the final publication. Physicians are expected to ensure the executor can access both paper and electronic records (including necessary passwords). ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.001?utm_source=openai))

Legal Considerations for Retention Duration

Key Florida and federal rules that can extend practical retention

• Florida Board of Medicine rules: Five years from last patient contact is the minimum for MDs; similar five‑year minimum for DOs. Consider longer periods to meet community standards and protect against adverse actions. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.002))
• Legal claims statutes: Florida med‑mal actions must generally start within two years (discovery rule), are subject to a four‑year statute of repose, and may extend to seven years for fraud/concealment; claims on behalf of minors eight or younger may be brought up to the child’s eighth birthday. ([flsenate.gov](https://www.flsenate.gov/Laws/Statutes/2024/0095.11?utm_source=openai))
• Medicaid and Medicare: Florida Medicaid requires five years (six for Medicare crossover‑only). Medicare enrollment rules require seven years for documentation of ordered/certified/referred/prescribed or furnished services. ([flrules.elaws.us](https://flrules.elaws.us/fac/59g-1.054/?utm_source=openai))
• HIPAA documentation: HIPAA doesn’t set a clinical medical record retention period, but it requires you to keep privacy‑rule policies, procedures, notices, and related documentation for six years from creation or last effective date. ([law.cornell.edu](https://www.law.cornell.edu/cfr/text/45/164.530?utm_source=openai))

Practical policy tips

• Write a unified retention schedule that meets the longest applicable requirement (state rule, payer contract, or federal program) for each record type.
• Designate a records custodian and document custody and access workflows to preserve medical records accessibility during staff changes, relocations, or practice sales.
• Document destruction methods that maintain confidentiality when the lawful retention period ends.

Key takeaways

In Florida, physicians generally keep records at least five years, but real‑world retention often runs longer to satisfy Medicaid, Medicare, HIPAA documentation, and legal claims statutes. Build a policy around the longest applicable requirement, follow patient notification requirements when closing or moving, and plan for record custody continuity in the event of death or practice changes. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.002))

FAQs

How long must medical records be kept for minor patients in Florida?

For physicians, Florida’s minimum is five years from the last patient contact, and that applies to minors as well. Because Florida allows malpractice claims on behalf of children eight or younger to be filed up to the eighth birthday, many practices keep minors’ records longer than five years as a risk‑management practice. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.002))

What is the retention period for Florida Medicaid recipient records?

Florida Medicaid requires providers to retain all medical and related records for at least five years from the date of service; Medicare crossover‑only providers must keep records for six years. ([flrules.elaws.us](https://flrules.elaws.us/fac/59g-1.054/?utm_source=openai))

What steps must a physician take when terminating practice?

Publish a notice once a week for four consecutive weeks in the newspaper of greatest circulation in each county you practice (and a local paper), include the termination/relocation date and the address where records can be obtained, and send a copy of the notice to the Board of Medicine within one month. Also ensure the records owner notifies the board of the new records owner and location. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.002))

How long are records retained after a physician's death?

The executor or personal representative must keep the deceased physician’s patient records for at least two years, publish a notice within one month of death about record availability, and—after 22 months—publish weekly notices for four consecutive weeks before destroying records no sooner than one month after the final notice. ([flrules.elaws.us](https://flrules.elaws.us/fac/64b8-10.001?utm_source=openai))