In Illinois, doctors and hospitals are required to keep medical records for a minimum of 10 years from the date of service. This applies to hospitals under the Hospital Licensing Act and to ambulatory surgical treatment centers under Illinois Administrative Code. The 10-year minimum is the baseline, but several situations extend that timeline significantly.
The 10-Year Rule for Adults
Whether you received care at a hospital, outpatient surgical center, or mental health facility, the standard retention period in Illinois is 10 years from the date of service. The law allows facilities to store records in whatever format they choose (paper or electronic), as long as they maintain them for at least that duration. Many providers keep records longer than the minimum as a matter of internal policy, but they’re not legally required to.
If a lawsuit is filed or pending before that 10-year window closes, the rules change. A hospital that receives written notice from an attorney about litigation involving a patient’s records must hold onto those records until the case is resolved, or for 12 years from the date the record was created, whichever comes first.
Records for Minors Are Kept Longer
If you were a minor when you received care, Illinois requires the facility to keep your records until you turn 23 or for 10 years after the date of service, whichever is longer. So if a child received treatment at age 5, the records must be retained until age 23, which is 18 years. A teenager treated at 16 would also have records kept until age 23, since that’s longer than the standard 10-year window. This extended timeline exists in part because minors can’t file legal claims on their own behalf until they reach adulthood.
X-Rays and Diagnostic Imaging
Illinois has a separate law, the X-Ray Retention Act, that governs imaging records like X-rays. These must be kept for at least five years. If the facility has been notified of pending litigation, the retention period extends until the case is resolved. Hospitals typically include written radiology reports in the patient’s main medical record, where they fall under the standard 10-year rule, but the actual imaging files follow the shorter five-year requirement unless your provider’s internal policy says otherwise.
Mental Health Records
Mental health records in Illinois follow the same 10-year minimum from the date of service. However, the storage and access rules are stricter. These records are governed by the Mental Health and Developmental Disabilities Confidentiality Act along with federal privacy laws like HIPAA. If an audit is started before the 10-year period ends, the records must be kept until the audit is fully completed and all issues are resolved, even if that pushes past the 10-year mark.
Why Records Sometimes Disappear Before 10 Years
The 10-year rule only applies while the facility or practice exists. When a solo physician retires, a practice closes, or a clinic merges with another organization, records can be transferred, but there’s no guarantee the transition is seamless. If you’re concerned about long-term access to your records, requesting copies while your provider is still active is the most reliable approach.
Illinois also has a four-year statute of repose for most medical malpractice claims, meaning the clock starts running from the date the alleged negligence occurred regardless of when it’s discovered. Since that window is shorter than the 10-year retention requirement, records should still be available during the period when most legal claims could be filed. But if you suspect you may need records for any legal purpose, don’t wait until year nine to request them.
How to Get Copies and What They Cost
Illinois caps what providers can charge you for copies of your medical records. The current fee structure allows:
- Handling charge: up to $36.68 per request
- Pages 1 through 25: $1.38 per page
- Pages 26 through 50: $0.92 per page
- Pages beyond 50: $0.46 per page
- Electronic copies: 50% of the paper per-page rates, including the cost of any CD, DVD, or storage media
- Microfiche or microfilm: $2.29 per page
You’ll also pay actual postage or shipping costs if the records are mailed. For items that can’t be photocopied on a standard machine, like imaging films, the provider can charge the reasonable cost of duplication.
There’s one important exception: providers must give you one complete copy of your records at no charge if the records support a claim for veterans’ disability benefits, Social Security or Supplemental Security Income benefits, or Aid to the Aged, Blind, or Disabled benefits. You’ll need to present a valid authorization showing the purpose of the request.
Electronic vs. Paper Records
Illinois law does not impose different retention timelines based on format. Whether your records are stored on paper, in an electronic health record system, or on microfilm, the same 10-year minimum applies. The law simply states that records must be preserved “in a format and for a duration established by hospital policy” as long as that duration meets or exceeds the legal minimum. Most providers have shifted to electronic systems, which makes long-term storage easier and less expensive, but the legal obligation is identical regardless of how the records are stored.