THE SENATE
S.B. NO.
1421
THIRTY-THIRD LEGISLATURE, 2025
S.D. 1
STATE OF HAWAII
H.D. 1
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[[Struck through: , subject to the approval of the department of health,]] for the retention and preservation of the medical records [[Struck through: in keeping with the intent of this section.]] [Underlined: 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 Statutory material to be repealed is bracketed and stricken.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.