Bill Text: HI SB1421 | 2025 | Regular Session | Amended
Bill Title: Relating To Medical Records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2025-03-04 - Received from Senate (Sen. Com. No. 327) in amended form (SD 1). [SB1421 Detail]
Download: Hawaii-2025-SB1421-Amended.html
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THE SENATE |
S.B. NO. |
1421 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MEDICAL RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that health care providers and health care systems have internal
policies and procedures, external accreditation requirements, and regulations
from federal agencies such as the Centers for Medicare and Medicaid Services
that ensure the retention and preservation of medical records. The legislature further finds that the department of health's role in approving plans for the disposition of patients' medical records when a health care provider ceases
operations is no longer necessary.
The
purpose of this Act is to repeal the requirement for the department of health
to approve a provider's arrangements for the retention and preservation of patients'
medical records prior to ceasing operations.
SECTION 2. Section
622-58, Hawaii Revised Statutes, is amended by amending subsection (e) to read
as follows:
"(e) The health care
provider, or the health care provider's successor, shall be liable for the
preservation of basic information from the medical record for twenty-five years
after the last entry, except in the case of minors, whose records shall be
retained during the period of minority plus twenty-five years after the minor
reaches the age of majority. If the
health care provider is succeeded by another entity, the burden of compliance with this section shall rest with the
successor. Before a provider ceases
operations, the provider shall make immediate arrangements[, subject to the
approval of the department of health,] for the retention and preservation
of the medical records [in keeping with the intent of this section.] consistent
with federal and state regulations, including returning the medical records to
the patient at the patient's last known address."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
DOH; Retention of Medical Records; Repeal
Description:
Repeals the requirement for the Department of Health to approve a provider's arrangement for the retention and preservation of patients' medical records prior to ceasing operations. Clarifies that retention and preservation of medical records must be consistent with federal and state regulations. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
