How Long to Keep Medicare Records After a Death

When a loved one passes away, managing their affairs includes the crucial, often overlooked task of handling their medical and Medicare records. These documents are not merely paperwork, they are a vital part of settling the estate, resolving final bills, and protecting the surviving family from potential legal or financial complications. The question of how long to retain these records is not just about clutter, it is about safeguarding the family’s interests for years to come. This guide provides a clear, authoritative framework for navigating this responsibility, ensuring you keep what you need for as long as necessary.

The Standard Retention Period for Medicare Records

The most widely cited and prudent guideline for retaining Medicare records after death is a minimum of seven years. This timeframe is not arbitrary, it aligns with the statute of limitations for many types of legal and financial actions. Government agencies, including the Internal Revenue Service (IRS) and the Centers for Medicare & Medicaid Services (CMS), generally have up to six years to audit or investigate certain matters. Keeping records for seven years creates a safe buffer beyond these limits. This period covers the potential for audits related to final income tax returns, estate tax filings, and reviews of Medicare claims and payments. It is important to understand that this is a baseline. Specific situations, which we will explore, can necessitate keeping records indefinitely.

Why You Must Keep These Records

Destroying a deceased person’s Medicare records too soon can create significant problems for the executor or family. These documents serve as your only defense and proof in several critical areas. First, they are essential for resolving outstanding medical bills and insurance claims. A hospital or provider may submit a bill months after death, and without the original Explanation of Benefits (EOB) from Medicare or a Medicare Advantage plan, you have no way to verify if the service was covered or if the balance is legitimate. Second, they are needed if there is any dispute or audit from Medicare itself. Mistakes happen, and CMS could later question a payment made years prior. Without records, the estate could be held liable for repayment. Third, these records may be required for legal proceedings, such as a malpractice claim or a dispute among beneficiaries. Finally, they provide a complete medical history that can be invaluable for surviving family members understanding their own hereditary health risks.

Key Documents to Identify and Preserve

Not every piece of paper needs to be kept. Focus on the core documents that provide a financial and medical audit trail. Organizing these into categories can make the task more manageable. You should gather and retain the following key items.

• Medicare Summary Notices (MSNs) and Explanation of Benefits (EOBs): These are the most critical. They show what services were billed, what Medicare paid, and what the patient or supplemental insurance owed. Keep all final EOBs related to the last illness and hospitalization.
• Final Hospital and Doctor Bills: Retain itemized bills, especially those showing a zero balance or proof of payment. These are your evidence that debts were settled.
• Insurance Policy Documents: This includes the Medicare card information, Medigap (Supplemental) policy details, and any Medicare Advantage or Part D (prescription drug) plan materials. These define coverage rules.
• Correspondence with Medicare and Insurers: Any letters, appeal decisions, or formal communications regarding claims or coverage.
• Payment Records: Bank statements, cancelled checks, or credit card statements showing premium payments for Medicare Part B, Medigap, or Advantage plans, as well as payments to providers.
• Medical Power of Attorney and Advance Directives: While not billing records, these legal documents should be kept permanently with the estate’s important papers.

Once you have identified these documents, create a dedicated file box or digital folder labeled with the deceased’s name and “Medical/Estate Records.” Consolidating everything in one secure place is half the battle.

When to Keep Records Longer Than Seven Years

The seven-year rule has important exceptions. In certain scenarios, retaining records permanently or for a much longer period is the only prudent course of action. One major exception involves the estate itself. If the estate is subject to federal or state estate tax, all supporting financial documents, including large medical expenses that may have been deductible, should be kept indefinitely. These taxes can be complex and challenged long after the fact. Another critical exception is if the death involved a medical incident that could potentially lead to a malpractice or wrongful death lawsuit. The statute of limitations for such cases varies by state and circumstance, sometimes allowing claims to be filed years later. All related medical records must be preserved indefinitely in this context. Furthermore, if there are any ongoing government benefits or claims for a surviving spouse or dependent, such as Social Security disability benefits linked to the deceased’s record, keeping supporting medical evidence is wise. When in doubt about a unique situation, consult with the estate’s attorney for guidance tailored to your specific case.

Managing and Organizing Records Before Discarding

As the seven-year mark approaches, do not simply shred everything. Conduct an organized review. First, ensure all matters related to the estate are fully closed, with no pending lawsuits, audits, or insurer inquiries. Second, separate truly permanent documents, such as the death certificate, will, trust documents, and property deeds, from the medical billing records. These permanent items should never be destroyed. For the Medicare and medical bills, you can then securely dispose of them. Shredding physical documents is essential to prevent identity theft, even after death. For digital records, ensure they are permanently deleted from cloud storage and hard drives. Creating an inventory log of what was destroyed and the date can provide final peace of mind. This process is the last step in responsibly winding down the practical affairs of your loved one.

Frequently Asked Questions

Can I just scan and keep digital copies? Yes, digital copies are generally legally acceptable, provided they are clear, complete, and stored securely. Ensure backups exist and the files are in a readable format. A cloud service with good security is often safer than a single hard drive that could fail.

What if I cannot find some Medicare records? You can request copies. For traditional Medicare (Parts A & B), you can request past MSNs from Medicare. For Medicare Advantage or Part D plans, contact the specific insurance carrier. There may be limits on how far back they can provide statements, so act promptly.

Does the executor or the family keep the records? The executor or personal representative of the estate is responsible for managing all estate documents, including these records, during the probate process. Once the estate is settled, they are typically passed on to the primary beneficiary or a designated family member for safekeeping during the retention period.

Are nursing home bills treated the same way? Absolutely. Bills and payment records for long-term care facilities, especially if Medicaid was involved, are critically important. The look-back period for Medicaid can create liability for the estate, making these records vital to retain.

What about prescription drug history from Part D? The Part D plan’s EOBs should be kept with the other Medicare records. They are part of the financial audit trail for healthcare expenses.

Handling a loved one’s Medicare records after their passing is a final act of care and diligence. By following the seven-year guideline, understanding the exceptions, and organizing documents systematically, you protect the estate and honor their memory by ensuring all matters are settled correctly. This process provides a clear path forward during a difficult time, offering structure and ultimately, closure.