Does an agency have to keep clinical records longer than five years and will a surveyor ask to review a record that is older than five years?
An agency must retain original client records for a minimum of five years after discharge; if the agency is aware of a litigation issue, then the agency must keep original client records until the litigation is resolved. During the course of a survey, a surveyor will request clinical records to review. A surveyor will not request a record more than five years old unless the agency policy has directed the agency to maintain the client record for a longer period of time. Regulations and Statutes: 40 TAC ยง97.
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