How Long are Medical Providers Supposed to Retain Their Records?

If you ask three doctors how long they are supposed to keep medical records and copies of patient files, each will tell you a different answer. This is not necessarily a failure of those three medical providers, but instead the aftereffect of convoluted rules and regulations. In many states, including Florida, the amount of time medical records need to be retained varies depending on a medical provider’s profession and accreditation, such as MD, DO, or DC.

Examples of Florida law pertaining to different medical professionals and recordkeeping:

  • State law chiropractors: A chiropractor in active practice shall retain chiropractic records for at least four years from the date of the patient's last appointment with the chiropractor. (Florida Administrative Code 64B2-17.006)
  • State law osteopathic doctors: In order that the patients may have meaningful access to their records, an osteopathic physician shall maintain the written record of a patient for a period of at least five years from the date the patient was last examined or treated by the osteopathic physician. (Florida Administrative Code 64B15.004)
  • State law medical doctors: A licensed physician shall keep adequate written medical records, as required by Section 458.331(1)(m), Florida Statutes, for a period of at least five years from the last patient contact. (Florida Administrative Code 64B8-10)

At the same time, there are federal rules in place that apply to many different medical providers. For example, HIPPA rules require a Medicare provider to retain medical records for six years from the date of its creation or the date when it was last in effect, whichever is later.

With everything considered, it can be quite difficult to understand how long your medical provider is going to hold onto your records. If you need to create any sort of injury claim, problems can arise when you go to reference your preexisting medical conditions but find your records are not complete due to a regulatory mix-up. Medical providers in Florida can also run into trouble due to record mistakes that lead to them being underpaid by insurance providers. The result is often filing a PIP suit to be giving the correct amount.

At Ovadia Law Group in Boca Raton, our personal injury lawyers can help you with pressing questions about filing claims. We are also the go-to legal support for medical providers who have concerns regarding Medicare, state and federal medical recordkeeping laws, and PIP claims. Our free initial consultations are confidential and you can even ask anonymously by using an online contact form. We also invite you to call our office at (561) 513-5519 if you would like a no-cost consultation on your PIP account receivables.

Assignment of Benefits, Authorization to Settle Claim & Direction to Pay Medical Provider Directly

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Assigning Medical Expense Benefits | Boca Raton PIP Lawyer

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You can assign medical expense benefits and rights to a third party in case you get debilitated in a car accident. Find out more by reading our blog today.

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Assignment of Benefits, Authorization to Settle Claim & Direction to Pay Medical Provider Directly

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You can use a specialized form to assign any benefits you receive after an auto accident to a chosen person or party. Learn all about the special assignment of benefits and rights to settle a claim by visiting our blog today.

SM Description:
After being in an auto accident, you will not want to have to deal with insurance companies and all the legal complexities they tend to create. In our blog, we discuss a unique legal tool that lets you assign responsibility of your case and benefits to a third party, like a trusted injury attorney:

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You can assign benefits & rights to manage your injury claim after an auto accident by using a specialized form:


After being in a bad car accident in Florida that leaves you injured, you are not going to want to have to deal with the meticulous management of your injury claim. In some unfortunate situations, you might even be incapacitated in the accident, no longer able to act and handle your claim on your own due to debilitations. To make certain you have the simplest time possible after an auto accident, you should start thinking today about assigning rights and responsibilities in your claim’s management to a trusted third party, like a family member, medical provider, or an experienced personal injury attorney.

How Assigning Benefits & Rights Usually Works

Using a specialized form or declaration, you can assign all of your rights to medical expense reimbursement, like automobile liability medical expense payments or other health benefits indemnifications, to a specific person or party, often called a Provider. Your chosen Provider can act on any debts you might owe after an accident for you. If so, you can pay them back instead of the original party, perhaps to avoid interest elsewhere. It is all up to the customization of your declaration.

You should also allow your Provider to negotiate, collect, and settle any claim with any insurance carrier, including authority to:

  1. Request and receive from any insurer or any other party any and all documentation and records you will need for your claim, such as a policy declarations page and insurance policy forms pursuant to Section 627.4137. In addition, your Provider has the authority to request and receive any medical reports or records pertinent to your claim, insurance communications and denial letters, PIP Payout Sheets, and so forth.
  2. Endorse in your name any check issued for payment where benefits were assigned.

A key element of your assignment of benefits and rights over your claim is making certain you are not forced into accepting a lessened coverage or settlement amount. An advantageous declaration will include a clause that automatically objects to any reduced coverage amounts or settlements, unless further discussions reach an agreement of such an amount. You can also note that you may exercise your right to create a claim against any insurer that deposits a lessened amount without your or your Provider’s approval.

With your declaration completed and signed, you will allow your Provider to access copies of all future notices regarding your claim and how it would involve them. Lastly, your declaration should instruct your insurer or interested insurance parties to send payments for services rendered by your Provider to them directly, which is useful if you utilize a personal injury attorney or law firm to act as your Provider.

Assignments of Benefits & Duties Made Easy

At Ovadia Law Group, our Boca Raton attorneys have nearly a decade of experience handling complex injury cases against stubborn insurance companies. Our clients routinely include both individuals who need representation with an injury claim and medical providers who must bring a PIP suit against an insurer who has unpaid them for codes billed. We would be happy to explain assignment documentation, or create a declaration with you. Just call us at (561) 513-5519 to request a free initial consultation to learn more.


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