Provider Requirements with Record Retention and Maintenance

Date: May 9, 2025

Attention: Providers, Rural Health Clinics

Subject: Provider Requirements with Record Retention and Maintenance

Call to action: The purpose of this communication is to remind providers of their responsibility with record retention and maintenance.

How this impacts providers: As a reminder, providers are required to retain medical records for a minimum of five years from the date of service or until all medical billing audit questions, appeal hearings, investigations, or court cases are resolved. This requirement also applies to provider offices that have been permanently closed.

Rural Health Clinics

Freestanding rural health clinics (RHCs) must retain records for a minimum of six years, and hospital-based RHCs must retain records for a minimum of ten years.

Community Services Provider Contract or Provider Agreement

All records must be developed and retained in the form in which they were created until the latest of the following:

• seven (7) years after a claim is submitted;
• seven (7) years after all issues involving the record have been mitigated; or
• the individual about whom the record relates becomes 21 years of age.
  Source: 26 TAC §52.113 (relating to Record Retention and Disposition)

If a contract is expiring or being terminated, the provider must adhere to 26 TAC §52.601 (relating to HHSC Review and Contractor Requirements Related to Expiring or Terminated Contract) and 26 TAC §52.113 (relating to Record Retention and Disposition) until the record retention period is satisfied.

Reporting Record Storage Location to HHSC 
Providers are required to report the location of where the records will be stored and provide the name, address, phone number, and e-mail address of a person Health and Human Services (HHSC) may contact to arrange access to the records. This information must be submitted to the assigned HHSC contract manager at the time of expiration, termination, when an update is necessary, or upon request.

Next step for Providers: Providers must follow the storage and maintenance guidance as supplied in this communication and if needed adjust their operations to meet these requirements.

If you have any questions, please email Provider Relations at: providerrelations@texaschildrens.org. 

For access to all provider alerts: www.texaschildrenshealthplan.org/provideralerts.