SB 1421: DOH; Retention and Preservation of Medical Records; Health Care Providers; Repeal; Ceasing Operations

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 health care provider's arrangements for the retention and preservation of patients' medical records before the health care provider ceases operations and clarify the requirements for any such arrangements.

     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, and notify a patient, at the patient's last known address, of how the patient can access or request copies of the patient's medical records."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Retention and Preservation of Medical Records; Health Care Providers; Repeal; Ceasing Operations

Description:

Repeals the requirement for the Department of Health to approve a health care provider's arrangement for the retention and preservation of patients' medical records before the provider ceases operations.  Clarifies that retention and preservation of medical records must be consistent with federal and state regulations and requires providers to notify patients on how to access or request copies of their medical records.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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 health care provider's arrangements for the retention and preservation of patients' medical records prior to the health care ceasing operations and clarify the requirements for any such arrangements.

     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, and notifying a patient, at the patient's last known address, of how the patient can access or request copies of the patient's medical records."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Retention and Preservation of Medical Records; Health Care Providers; Repeal; Ceasing Operations

Description:

Repeals the requirement for the Department of Health to approve a health care provider's arrangement for the retention and preservation of patients' medical records prior to the provider ceasing operations.  Clarifies that retention and preservation of medical records must be consistent with federal and state regulations and requires providers to notify patients on how to access or request copies of their medical records.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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.

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."

     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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1781

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1421

      S.D. 1

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1421, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL RECORDS,"

begs leave to report as follows:

     The purpose of this measure is to repeal the requirement for the Department of Health to approve a health care provider's arrangement for the retention and preservation of patients' medical records prior to the health care ceasing operations and clarify the requirements for any such arrangements.

     Your Committee received testimony in support of this measure from the Department of Health and Queen's Health Systems.

     Your Committee finds that requiring the approval from the Department of Health for the disposition of patient medical records is no longer necessary, as modern electronic medical record systems have features that ensure security, redundancy, and protection for medical records.  This measure removes the redundant approval requirement while ensuring that the State's medical record retention laws still comply with federal and state regulations.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1421, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1421, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1305

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1421

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Health, to which was referred S.B. No. 1421, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL RECORDS,"

begs leave to report as follows:

     The purpose of this measure is to repeal the requirement that the Department of Health approve a health care provider's arrangements for the retention and preservation of patients' medical records prior to the provider ceasing operations and instead require retention and preservation to be consistent with federal and state regulations.  

     Your Committee received testimony in support of this measure from The Queen's Health Systems.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that pursuant to certain federal and state regulations, as well as any applicable internal policies and procedures, health care providers and health care systems must retain and preserve medical records for a certain number of years.  Your Committee further finds that, in light of these regulations, requiring a health care provider to obtain approval from the Department of Health for the provider's arrangement for the retention and preservation of patient medical records when ceasing operations is redundant.  Your Committee believes that removing this requirement will provide greater flexibility and efficiency when a health care provider intends to close their practice.

     Your Committee has amended this measure by:

     (1)  Requiring health care providers to notify patients, at the patient's last known address, of how patients can access or request copies of their medical records, rather than returning medical records to patients at their last known address;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1421, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1421, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health,

STAND. COM. REP. NO. 974

Honolulu, Hawaii

RE:    S.B. No. 1421

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1421, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL RECORDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Repeal 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; and

     (2)  Clarify that retention and preservation of medical records must be consistent with federal and state regulations.

     Your Committee received testimony in support of this measure from the Department of Health.

     Your Committee finds that it is no longer necessary for the Department of Health to approve the plans of health care providers for the disposition of patients' medical records when the provider ceases operations.  This requirement is ineffective and outdated because modern electronic medical record systems have features that provide security, redundancy, and persistence for medical records, including facilitating patient access through secure portals.  This measure is a commonsense approach to modernizing the State's medical record retention laws while complying with federal and state regulations.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1421, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 326

Honolulu, Hawaii

RE:    S.B. No. 1421

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred S.B. No. 1421 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL RECORDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Repeal 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; and

     (2)  Clarify that retention and preservation of medical records must be consistent with federal and state regulations.

     Your Committee received testimony in support of this measure from the Department of Health and The Queen's Health System. 

     Your Committee 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.  Your Committee 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.  This measure removes a redundant approval requirement that allows greater flexibility and efficiency when a provider intends to close practice.

     Your Committee has amended this measure by inserting language to clarify that a provider's immediate arrangements for the retention and preservation of a patient's medical records shall include returning the medical records to the patient at the patient's last known address.

     As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1421, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1421, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,