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 This requirement is ineffective and outdated because modern electronic medical record systems have features that provide security, redundancy, and persistence for medical records, including facilitating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,

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KARL RHOADS, Chair