10982-11031.

As of September 11, 2019, medical records will be open 125 years after the date of creation or after date closed, whichever is later. The Health Insurance Portability and Accountability Act (HIPAA) requires that individually identifiable health information of a decedent be protected for 50 years following the date of death of the individual (45 CFR 164.502(f)).

Protected health information (PHI) as defined under the Privacy Regulations issued under the Health Insurance Portability and Accountability Act (HIPAA) includes, but is not limited to, personally identifiable information such as names, addresses, and social security numbers. Restricted material may include, but is not limited to: patient lists, patient admission registers, treatment registers and medical record files. Please contact Archives Research Services for further information.

The Virginia Public Records Act (Code of Virginia, 42.1-78) includes a provision for closing all privacy protected information for 75 years from the date of creation. In accordance with this legislation, the Library of Virginia can and will restrict, in whole or in part, access to any privacy protected or any other confidential information contained in these records. Privacy protected records may include but are not limited to: inmate punishment records, records with social security numbers, and privileged documents (attorney-client).