Puerto Rico Medical Records Retention Requirements: How Long Providers Must Keep Patient Records

Medical Record Retention Periods

In Puerto Rico, hospitals must keep a patient’s complete clinical record for a minimum of five years after the last visit or discharge. After that initial period, a core set of documents (for example, admission and discharge forms, discharge or death summary, operative and pathology reports, delivery/newborn and autopsy reports) must be retained for at least an additional five years, bringing core-document retention to at least ten years. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Records must be completed no later than 30 days after discharge and maintained so they are accurate, legible, and readily available to authorized personnel. Facilities are required to implement administrative, physical, and technical safeguards to preserve the confidentiality, integrity, and availability of the clinical record throughout its retention lifecycle. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Record Retention for Minors

For minors, clinical record retention is longer. Hospitals must retain a minor’s record until the patient reaches 22 years of age. Where applicable (for example, mental health or disability services), specified evaluations and notes form part of the minimum documentation that must remain on file. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Puerto Rico law defines majority at 21 years; regulations add at least 12 months beyond that milestone (i.e., retention through the 22nd birthday) to protect continuity of care and legal defensibility. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Patient Access to Records

Patients have a right to speedy access to their medical records and to receive a copy. If the physician-patient relationship termination occurs—whether initiated by the provider or the patient—the medical record must be furnished free of charge within five working days, and an outstanding debt cannot be used to block access. ([law.justia.com](https://law.justia.com/codes/puerto-rico/2023/title-twenty-four/part-vii/chapter-132/3049/))

Hospitals must also inform patients at admission that they may request copies while receiving care and for up to five years after their last visit; after that time, facilities may dispose of the record under Puerto Rico’s medical record disposal regulations. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Record Retention for Inactive Patients

Puerto Rico’s hospital regulation defines an “inactive” record as one for a patient who has not received any services for five consecutive years. After a record becomes inactive, the facility may begin the inactivation and disposition process, subject to the minimum clinical record retention periods noted above and any litigation, audit, or legal hold considerations. This inactivation rule does not apply to minors until the extended period has run. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Record Retention for Active Patients

While a patient remains active, the provider must maintain a complete, contemporaneous record, finalize entries within regulatory timelines (e.g., record completion within 30 days of discharge), and ensure secure, role-based access. Original records remain under the provider’s custody; upon proper authorization, copies—not originals—are sent to other providers. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Providers should implement clear policies for clinical record retention that cover documentation standards, corrections and amendments, user access controls, and contingency plans to ensure uninterrupted availability of records for ongoing care. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Confidentiality and Disclosure of Medical Records

Puerto Rico’s patient Bill of Rights requires strict medical record confidentiality. Disclosures are limited to patient-authorized purposes (treatment, payment, operations, quality) or those required by law or court order. Critically, a provider cannot deny a copy of the record due to an unpaid balance, and when the physician-patient relationship termination occurs, the copy must be provided within five working days. ([law.justia.com](https://law.justia.com/codes/puerto-rico/2023/title-twenty-four/part-vii/chapter-132/3049/))

Electronic Medical Records Management

Electronic clinical records must meet HIPAA standards and applicable Puerto Rico requirements. Puerto Rico’s hospital regulation permits indefinite retention of electronic clinical records so long as the storage format remains reliable; the storage medium must have a life of at least ten years and support rapid, secure access with appropriate safeguards. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

For behavioral health, Puerto Rico’s statute governing electronic or computerized clinical records reinforces HIPAA-aligned protections and emphasizes secure, interoperable systems so that patient access and care coordination are not impeded. Puerto Rico’s health information exchange framework (PRHIE) also supports compliant exchange of electronic clinical records across providers. ([law.justia.com](https://law.justia.com/codes/puerto-rico/title-twenty-four/part-viii/chapter-201a/subchapter-ii/6153k-1/?utm_source=openai))

Record Disposal Procedures

When the retention period ends, clinical record disposal must render information irrecoverable. Acceptable methods include incineration, shredding, pulping, or pulverization; electronic storage media must not be reused or recycled in a way that risks data recovery. Facilities should communicate patient rights to request copies for up to five years after the last visit and then proceed with disposal under an auditable process. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

Conclusion

In Puerto Rico, clinical record retention balances healthcare information privacy with continuity of care. Expect a five-year full-record retention, an additional five years for core documents, and extended timelines for minors. Uphold medical record confidentiality, follow HIPAA-aligned electronic clinical records compliance, and use approved medical record disposal regulations to protect patients and your organization.

FAQs

How long must medical records be retained in Puerto Rico?

Hospitals must keep the complete clinical record for at least five years after the last visit or discharge, and then keep a defined core set of documents for at least five more years (totaling at least ten years for core items). Minors’ records must be retained until the patient turns 22. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

What rights do patients have to access their medical records?

Patients are entitled to speedy access and a copy of their record. If the physician-patient relationship termination occurs, the provider must furnish the record free of charge within five working days, and a balance due cannot be used to deny access. ([law.justia.com](https://law.justia.com/codes/puerto-rico/2023/title-twenty-four/part-vii/chapter-132/3049/))

How are medical records for minors managed?

Records for minors must be retained until the patient’s 22nd birthday. For certain services (such as mental health), additional elements are part of the minimum documentation to be preserved in line with Puerto Rico’s clinical record retention rules. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))

What are the procedures for disposing of medical records?

Disposal must prevent recovery of protected health information. Approved methods include incineration, shredding, pulping, or pulverization, and electronic media may not be reused in a recoverable state. Patients should be informed they can request copies during care and for up to five years after their last visit; after that, the facility may proceed with disposal under policy. ([salud.pr.gov](https://www.salud.pr.gov/CMS/DOWNLOAD/9571))