Mississippi Medical Records Retention Laws (2026 Guide)

Beginning January 1, 2026, Mississippi physicians must retain patient records for at least 10 years from the last treatment date under 30 Miss. Admin. Code Pt. 2635, Ch. 10, Rule 10.3, a floor the rule applies to all new patients and to any patient seen after January 1, 2022. Hospitals must keep patient records for a minimum of 10 years after discharge, and imaging materials such as X-rays for at least 3 years, under Miss. Code Ann. § 41-9-69.

Mississippi has specific rules governing how long doctors, hospitals, and other health care providers must keep patient medical records. These rules come from a combination of state statutes, administrative regulations from the Mississippi State Board of Medical Licensure, and federal requirements under HIPAA and CMS.

Whether you are a patient trying to obtain old records, a physician planning to close a practice, or a hospital administrator managing retention policies, understanding these timelines is essential. This guide covers every major requirement in one place.

Physician Medical Records Retention in Mississippi

The Mississippi State Board of Medical Licensure sets the rules for how long licensed physicians must retain patient records. Under 30 Miss. Admin. Code Pt. 2635, Ch. 10, Rule 10.3, physicians must keep medical records for a minimum of 10 years from the date a patient is last treated. The rule carries two limits in its own text: it begins January 1, 2026, and it reaches "medical records for all new patients, and any patient seen after January 1, 2022." A patient whose last treatment date falls before January 1, 2022 is therefore outside the new 10-year minimum, so the rule does not reach back and re-open older closed files.

This requirement applies to all records and documents related to the treatment of a patient. That includes family histories, medical histories, reports of clinical findings and diagnosis, laboratory test results, x-rays, and reports of examinations or evaluations.

What Formats Are Acceptable?

Physicians may retain records in their original paper form, on microfilm, or in any similarly reproduced format. Electronic health records (EHR) qualify as an acceptable storage method, provided the digital copies accurately reproduce all information contained in the original records.

Graphic Matter and Imaging

X-ray films, diagnostic images, and similar graphic materials have their own retention timeline. Physicians must keep these materials for at least 5 years from the date a patient was last treated under Rule 10.3. If a patient requests in writing that imaging records be kept longer, the physician must comply with that request.

Hospital Medical Records Retention in Mississippi

Hospital record retention in Mississippi is governed by state statute rather than administrative regulation. Miss. Code Ann. § 41-9-69 sets detailed retention periods based on the patient's circumstances at discharge.

This statute was most recently amended in 2024 by SB 2873, effective May 13, 2024.

Retention Periods Under the Statute

Miss. Code Ann. § 41-9-69 sets one 10-year retention period that applies to hospital records regardless of the patient's age, disability, or outcome. It does not set separate, longer retention periods for minors, patients with disabilities, or patients who died during treatment. Graphic matter such as X-ray films carries a shorter, 3-year minimum from discharge, extended if the patient or someone acting legally on their behalf requests it in writing.

Voluntary Extended Retention

Any hospital in Mississippi may choose to retain records for longer periods than the statute requires. Hospitals have full discretion to keep records beyond the minimum timeframes. A court of competent jurisdiction may also order extended retention in specific cases.

How Mississippi Handles Minor Patient Records

Mississippi law provides extra protections for medical records of patients who were minors at the time of treatment. The age of majority in Mississippi is 18.

Under Miss. Code Ann. § 41-9-69, hospital records of minor patients follow the same 10-year retention period as adult records. The current statute does not create an extended retention period tied to the patient's age at treatment, and it does not include a 28-year cap; those figures do not appear in the text of § 41-9-69.

Parental Access to Minor Records

The 2024 amendment through SB 2873 also addressed parental access. Parents or guardians of an unemancipated minor under 18 have the right to receive copies of that minor's hospital, dental, and medical records without the permission of the minor.

Destruction Notification Requirements

One of Mississippi's most important protections for patients involves the destruction of medical records. Before a physician destroys any patient records, the physician must provide at least 6 months written notice to the patient informing them of the planned destruction.

This 6-month notice period gives patients adequate time to request copies of their records or arrange for their transfer to another provider before the originals are destroyed.

Penalties for Improper Destruction

Under Miss. Code Ann. § 41-10-1, it is a misdemeanor to knowingly place misleading or inaccurate information about a patient's diagnosis, care, treatment or cause of condition in a medical record or chart. The destruction offense in subsection (2) is narrower, because it carries a purpose element: a person may not intentionally or willfully alter or destroy a patient's records or charts "for the purpose of concealing his or her responsibility for the patient's injury, sickness or death." Destruction without that concealment purpose is not what this criminal statute reaches, though it can still breach the Board's retention and notice rules. A violation of either subsection is a misdemeanor punishable by up to 1 year in jail, a fine of up to $1,000, or both.

There are two exceptions to this rule. First, destroying an original record is permitted if all information has been accurately retained through mechanical or electronic recording, chemical reproduction, or other equivalent methods. Second, supplementing or correcting an error in a record is permitted as long as it is done in a way that clearly shows the correction was made and does not conceal prior entries.

Federal Requirements That Apply in Mississippi

Mississippi's state requirements do not exist in isolation. Federal regulations from HIPAA and CMS add additional layers that health care providers must follow.

HIPAA and Medical Records Retention

The federal Health Insurance Portability and Accountability Act (HIPAA) does not set a specific retention period for medical records. According to the U.S. Department of Health and Human Services, HIPAA defers to state laws on how long medical records must be kept.

HIPAA does require that covered entities apply appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information (PHI) in any form, including during the disposal process. This means that when Mississippi providers destroy records after the retention period expires, they must use secure destruction methods that prevent unauthorized access.

HIPAA also requires covered entities to retain HIPAA-related documentation (policies, procedures, and compliance records) for 6 years from the date of creation or the date it was last in effect, whichever is later. This is separate from the medical records themselves.

CMS and Medicare Records Retention

Providers who participate in Medicare must follow requirements from the Centers for Medicare and Medicaid Services (CMS), and the most-cited one is narrower than its reputation. Under 42 CFR § 424.516(f), a provider or supplier that furnishes covered ordered, certified, referred or prescribed Part A or B services, items or drugs must maintain the related documentation for 7 years from the date of service and give CMS or a Medicare contractor access to it on request. The regulation defines that documentation as written and electronic documents relating to written orders, certifications, referrals, prescriptions and requests for payment. Paragraph (f)(2) puts the same 7-year duty on the physician or other eligible professional who ordered or prescribed the service.

So 424.516(f) is a documentation rule about ordering and referral paperwork, not a federal retention period for medical records as a whole. It does not substitute for Mississippi's rules, and it is not measured the same way: the state rule runs from the date a patient was last treated, while the federal duty runs from each date of service. A Mississippi physician who keeps complete charts for the 10 years Rule 10.3 requires will normally be holding the ordering and referral records well past 7 years as a practical matter, but a retention policy should track both requirements separately rather than assume the longer state period absorbs the federal one.

Failure to comply with CMS retention requirements can result in the revocation of Medicare enrollment under 42 CFR § 424.535(a)(10).

Medicaid Considerations

Mississippi Medicaid providers face similar federal requirements. The Division of Medicaid follows federal and state EHR requirements, and providers should maintain records in accordance with both state minimums and any applicable Medicaid program requirements.

Patient Access to Medical Records in Mississippi

Mississippi law guarantees patients the right to access their own medical records. Under Miss. Code Ann. § 41-10-5, health care providers must provide medical records and billing records to a patient or their authorized representative within 30 days of receiving a valid request. This statute was enacted in 2022.

Transfer Between Providers

Under Board of Medical Licensure rules, a physician cannot refuse to make information in medical records available to another licensed provider who is currently treating the patient. The physician may request a written release from the patient or their legal representative before transferring records. Once the release is received, the physician must send copies within a reasonable period.

A physician cannot withhold records because of an unpaid medical bill. However, the physician may charge reasonable compensation for copying expenses, with payment requested in advance.

Copy Charges

Mississippi law sets specific limits on what providers can charge for photocopying medical records. Under Miss. Code Ann. § 11-1-52, the maximum fees are:

These fees must comply with HIPAA requirements. Providers cannot charge more than these amounts for providing copies of patient records.

Practice Closure and Records Management

When a physician closes a practice in Mississippi, the obligation to retain and protect patient records does not disappear. The physician remains responsible for maintaining records for the full retention period Rule 10.3 requires for those records, which is 10 years from last treatment for new patients and any patient seen after January 1, 2022.

Steps for Closing a Practice

Physicians planning to close or relocate a practice should take the following steps to remain compliant with Mississippi regulations:

1. Notify patients of the closure with sufficient advance notice, giving them time to request records or designate a new provider.
2. Arrange for records to be transferred to a successor physician, a medical records custodian, or directly to patients who request them.
3. Retain records that are not transferred for the full minimum retention period.
4. Notify the Mississippi State Board of Medical Licensure of the practice closure.
5. Provide 6 months written notice before destroying any records that have met the retention requirement.

Deceased or Retiring Physicians

When a physician dies, becomes incapacitated, or retires, the responsibility for medical records may fall to their estate, practice partner, or a designated custodian. Mississippi does not have a specific statute addressing records custodianship after a physician's death, but the general retention and destruction requirements still apply.

The Mississippi State Board of Medical Licensure can be contacted at (601) 987-3079 for guidance on specific practice closure situations.

Comparison: Physician vs. Hospital Retention Requirements

Physicians and hospitals now share the same 10-year minimum for general, minor, and deceased-patient records, since the Board's Rule 10.3 sets a 10-year physician floor beginning January 1, 2026 for all new patients and any patient seen after January 1, 2022. Mississippi's hospital statute does not set longer requirements for minor or disabled patients specifically, and neither does the Board's rule; both groups fall under the same 10-year rule as other patients. The remaining difference is imaging: physicians must keep X-rays and graphic matter for 5 years, two years longer than the hospital's 3-year imaging minimum.

Statute of Limitations and Its Effect on Retention

The statute of limitations for medical malpractice in Mississippi is an important consideration when setting records retention policies. Under Miss. Code Ann. § 15-1-36, a medical malpractice claim must be filed within 2 years from the date the alleged act or omission was first known or discovered, with an absolute outer limit of 7 years from the date the act occurred.

For claims involving minors who are age six or younger when the claim accrues, Miss. Code Ann. § 15-1-36(3) tolls the statute of limitations until two years after the minor's sixth birthday; a minor older than six at accrual gets no tolling under subsection (3). Other subsections can still extend the deadline for other claimants. Subsection (4) tolls the claim of a minor who has no parent or legal guardian until two years after the minor has one, and in no event does that clock start before the minor's sixth birthday unless the minor dies. Subsection (5) tolls the claim of a person under the disability of unsoundness of mind until two years after that disability ends. This means records involving young minor patients, and patients in those other categories, could be needed well beyond the standard retention period.

Many legal and risk management professionals recommend that providers keep records for at least as long as the statute of limitations allows a potential claim to be filed. For Mississippi physicians, the 10-year retention period Rule 10.3 imposes on covered records already exceeds the 7-year outer limit of the malpractice statute of limitations, so providers who comply with the Board's rule are keeping those records longer than the outer limit runs. The tolling subsections above are the exception, because a claim can survive past that outer limit.

Frequently Asked Questions

How long do doctors in Mississippi have to keep medical records?

Under Mississippi State Board of Medical Licensure rules (30 Miss. Admin. Code Pt. 2635, Ch. 10, Rule 10.3), physicians must retain medical records for at least 10 years from the date a patient was last treated. That requirement begins January 1, 2026 and is scoped to all new patients and any patient seen after January 1, 2022, so records of a patient last treated before that date are not covered by the 10-year floor. X-rays and diagnostic images must be kept for at least 5 years. The separate 7-year federal rule at 42 CFR 424.516(f) applies to documentation of orders, certifications, referrals, prescriptions and payment requests rather than to medical records generally.

How long do Mississippi hospitals have to keep patient records?

Mississippi hospitals must retain patient records for at least 10 years after discharge, under Miss. Code Ann. § 41-9-69. This 10-year period applies to all patients; the statute does not set a longer retention period for minors, patients with disabilities, or patients who died during treatment. Graphic matter such as X-ray films must be kept for at least 3 years from discharge.

Can a doctor in Mississippi destroy my medical records without telling me?

No. Under Mississippi State Board of Medical Licensure regulations, physicians must provide at least 6 months written notice to a patient before destroying their medical records. This notification period gives patients time to request copies or arrange for records to be transferred to another provider.

Does HIPAA require medical records to be kept for a certain number of years?

HIPAA does not set a specific retention period for medical records. The U.S. Department of Health and Human Services has stated that state laws govern how long records must be kept. HIPAA does require that providers use secure methods when disposing of records containing protected health information, and it requires HIPAA compliance documentation to be retained for 6 years.

How do I get copies of my medical records in Mississippi?

Under Miss. Code Ann. § 41-10-5, health care providers must provide copies of your medical records within 30 days of receiving a valid request. Providers may charge up to $20 for the first 20 pages, $1 per page for pages 21 through 100, and $0.50 per page after that. A provider cannot withhold your records because of an unpaid medical bill.