Hospitals are required to retain and preserve all patient records directly relating to care and treatment of patients.  The retention period varies depending on whether the patient is an adult or a minor as follows:

• For adults, the hospital must retain the records for at least 10 years following the patient's most recent discharge.
• For minors, the hospital must retain the records for at least three years after the patient turns 18 or 10 years, whichever is longer.

Hospitals are required to retain and preserve all medical records for at least 26 years from the date the record was created.  The records may be retained on paper, on microfilm, electronically, or on other media.

The new retention period applies to:

• medical records created prior to the effective date of the act that remain in the custody of the hospital on the effective date of the section; and
• medical records created on or after the effective date of the act.

The new retention period does not apply to medical records no longer retained by the hospital if the hospital complied with the previous retention requirements.  The new retention period does not exempt hospitals from compliance with any other record retention requirements.  All information collected at each unique visit constitutes a medical record.

(In support)  Hospitals often retain medical records for decades because the date of discharge is unclear.  Paper medical records take up space and are expensive to maintain.  This bill is the best way to streamline the medical records statute and is an example of good government and good business efficiency.  This bill will reduce the administrative burden on hospitals and limit storage expenses.

(Opposed) None. 

(Other)  The direction and intent of this bill are good, but clarity should be provided on what constitutes a medical record.  Without this clarity, the entire file would have to be retained.

(In support) Representative Lisa Parshley, prime sponsor; Rashi Gupta, UW Medicine; and Terri McDaniel, MultiCare Health System.