Avoid Medical Record Destruction Mistakes and the $50,000 Fines

Fail to comply with the 2022 patient records destruction rules, and you’ll lose up to $50,000 per penalty.

To make matters more complicated, the Supreme Court clarified the False Claims Act statute of limitations (including that you must keep records for 10 years versus 6) – unless your state law requires longer. That means, you’re going to need to change how you maintain, store, and destroy your patient records to avoid hefty HIPAA violation penalties. And your paper, electronic, and digital files are equally at risk.

EACH individual HIPAA violation can generate a penalty of up to $50,000 (if multiple violations are identified, your financial penalties can be massive). However, with a little expert help you can master the nuances of how and when you retain and destroy your patient medical records.

That’s where healthcare attorneys Daphne Kackloudis, JD and Ashley Watson, JD can help. During their 60-minute online training session, they’ll walk you through the recent patient records destruction and retention regulation changes that you must comply with. You’ll get a plain-English breakdown of precisely how to comply to avoid violations and their massive related penalties.

Here are just some of the practical patient records destruction and retention strategies you’ll receive by attending this essential, 60-minute online training:

  • Plain English breakdown of Supreme Court ruling clarifying False Claims Act statute of limitations
  • Prevent patient complaints on patient records retention (the #3 reason for violations)
  • Avoid added fines when you mail lab and other PHI, determine what actions you must take before and after
  • Take these practice-protecting steps to update your medical record destruction plan and policy
  • Identify best practices for storage of records – digital and physical
  • Prevent getting into trouble for destroying a credit card record too quickly
  • How to handle records that are accidently destroyed or destroyed by acts of nature
  • Institute reminder policies to destroy records only when you should
  • Checklist identifies often missed PHI – no-show patient records, emails, attorney requests, and more
  • State vs Federal requirements. Find out simple ways to comply
  • Resist breaking destruction requirements from tricky-to-handle pictures sent via text
  • Pin down exactly what medical records pieces HIPAA requires you to retain and destroy on time
  • Proven destruction documentation that keeps you out of hot water
  • Stop violations for destroying hidden PHI such as x-rays and scans too soon
  • Understand when and how to destroy waiting room documents such as sign-in logs and video recordings
  • And so much more …

EVERYONE at your practice that makes decisions about how your patient records are retained and destroyed will benefit from this training. In only 60 minutes, you’ll learn how to comply with the most recent patient records destruction and retention law changes and updates. 

IMPORTANT: The longer you retain records the harder it is to keep them secure. This means that the Supreme Court rule changes have made your life more difficult. All it takes is one patient to complain about how you are managing their medical records and you could be audited and left to pay huge violation penalties.

Don’t let this happen to your practice. Register for this online training today and get it right the first time.

Meet Your Experts

Daphne Kackloudis
Esq.Partner at Brennan, Manna & Diamond

Daphne L. Kackloudis is a member of the firm, she heads BMD Columbus’ health care practice, and she chairs BMD’s Empowerment and Opportunity (DE&I) Committee. Daphne’s success –and that of her clients – is rooted in the nexus between traditional health care legal services and health care public policy. She has broad and deep experience in health care operations, service delivery, payment systems, and compliance, as well as Medicaid, public policy, and government affairs. Daphne advises health care trade associations and health care providers as outside counsel and in-house as a member of her clients’ senior leadership teams.

Ashley Watson
Esq.Associate in BMD's Columbus Office

Ashley is a healthcare attorney in BMD’s Columbus office. She works with nonprofit and for-profit health care providers, health care trade associations, individuals, and businesses. Ashley is experienced in healthcare public policy and regulatory compliance, legislative and government affairs, grant administration, and healthcare program operations.


The presenters covered the information in great detail and explained it in a manner that was easy to follow.
Charlie Vest