How Long Do You Have to Keep Home Care Records?
Payroll 3 years, time records 2, HIPAA documentation 6, tax records 4, and client and Medicaid records 6 to 10 years by state. One schedule covers them all.
By Caregiver Scheduling Team ·
Keep each record for the longest period any rule that touches it requires. The federal floors: payroll records 3 years, time records 2 years, HIPAA documentation 6 years, employment tax records 4 years. Client and Medicaid billing records run 6 to 10 years depending on your state and payer contracts. The simple version: keep client, visit and billing records for at least 7 years, and 10 if you bill a Medicaid managed care plan.
What does federal law require?
Six federal rules set the floor, and none covers the client chart itself.
| Record | Minimum | Source |
|---|---|---|
| Payroll records: name, address, hours, wages, deductions | 3 years from last entry | 29 CFR 516.5 |
| Time cards, schedules, wage rate tables | 2 years | 29 CFR 516.6 |
| Employment tax records | 4 years after filing the fourth quarter return for the year | IRS employment tax recordkeeping |
| Form I-9 | 3 years after hire or 1 year after termination, whichever is later | 8 CFR 274a.2 |
| Applications, hiring, pay and termination records | 1 year from the record or action; until final disposition if a discrimination charge is filed | 29 CFR 1602.14 |
| HIPAA policies, risk analyses, BAAs, training logs | 6 years from creation or last effective date, whichever is later | 45 CFR 164.316(b)(2) |
The 2-year rule covers raw time cards, the payroll register is a 3-year record, and the IRS wants the tax side for 4. Keep the whole payroll package 4 years and you satisfy all three. See home care payroll.
Does HIPAA say how long to keep client charts?
No. The 6-year rule in 45 CFR 164.316(b)(2) applies to your compliance documentation: privacy and security policies, risk analyses, business associate agreements, sanctions and training records. It does not set a retention period for care plans, visit notes or other client records. State licensing law and your payer agreements set those. See HIPAA checklist for home care.
How long do Medicaid records have to be kept?
Six years is the common state minimum, and 10 years is becoming the norm where managed care plans are involved. The federal rule for the state agency’s own case records is only 3 years after the case closes (42 CFR 431.17), but provider agreements run longer.
| Rule | Period | Source |
|---|---|---|
| New York Medicaid provider agreement | 6 years from the date of service | 18 NYCRR 504.3 |
| Florida Medicaid provider agreement | Minimum 6 years for records of services to each recipient | FS 409.907 |
| Medicaid managed care plans | Plans must retain records no less than 10 years, and audit rights run 10 years from the end of the contract | 42 CFR 438.3 |
Plans usually pass that 10-year period to you in the provider contract. Read yours. EVV records are part of the claim record and follow the same period. See EVV record retention and check your state in our Medicaid waiver tool.
What do state licensing rules add?
Most states that license home care set a retention period for client records, often 5 to 7 years after the last date of service. Records for minors usually run longer, until the client reaches adulthood plus several years. The number may differ from the Medicaid period; keep whichever is longer. Our compliance calendar tool lists the state rules by topic.
What retention schedule covers everything?
Most small agencies adopt four periods, each the longest rule in its group.
| Group | Keep for | Covers |
|---|---|---|
| Client records: care plans, visit notes, EVV, invoices, claims | 7 years after last service, 10 if any payer requires it | State licensing, Medicaid, managed care |
| Payroll: timesheets, registers, tax filings | 4 years after the year ends | FLSA 2 and 3 year rules, IRS 4 years |
| Personnel: applications, I-9, evaluations, discipline | 3 years after separation | I-9, EEOC, most state rules |
| HIPAA documentation | 6 years after replaced | 45 CFR 164.316 |
Write it down, assign an owner, and review it yearly.
How should you store and dispose of records?
Electronic storage is acceptable under every rule above as long as records are complete, legible and retrievable on request. Four practices matter more than the medium:
- Access by role. Caregivers see their clients, schedulers see schedules, and only the administrator sees everything.
- Backups you have tested. Restore one once a year.
- Export before you switch software. Records in a system you no longer pay for are not retained. See switching home care software.
- Destroy on schedule, securely. Shred paper and use certified deletion for electronic records once the period ends. Pause destruction for any record tied to a complaint, audit or lawsuit.
How Caregiver Scheduling handles this
Visits, verified check-in and check-out times, GPS readings, client signatures and visit notes are stored together per client. When a visit time is corrected, the original record and the change are both kept in the audit log. Timesheets and invoices are coming soon. $199/month for up to 10 caregivers or $299/month for up to 50, free for 30 days.
FAQ
Can I keep home care records only electronically? Yes, if they are complete, legible and retrievable on request.
How long do I keep caregiver timesheets? Two years under the FLSA, but keep the whole payroll package four years to cover the IRS rule as well.
How long do I keep Medicaid client records? Six years is the common state minimum. If you bill a managed care plan, expect 10 years in your contract.
What about records for minors? Many states require keeping them until the client reaches adulthood plus several years. Check your licensing rule.
This article is general information, not legal advice. Check your state’s licensing and Medicaid rules.