HB1102 • 2026

RELATING TO MEDICAL RECORDS.

Healthcare

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on the impact of the bill on patient privacy and record security, leaving this as an open question.

Medical Record Rules Change

This bill removes the requirement for health care providers to get approval from the Department of Health before they stop operations, as long as their medical record keeping follows federal and state rules.

What This Bill Does

Removes the need for health care providers to ask the Department of Health for permission when planning how to keep patients' medical records safe after stopping operations.
Requires that any plans for storing or preserving medical records must follow both federal and state laws.

Who It Names or Affects

Health care providers in Hawaii
The Department of Health

Terms To Know

Disposition: What happens to medical records when a health care provider stops operating.
Retention: Keeping or storing something for a certain period of time.

Limits and Unknowns

The bill does not specify what will happen if providers do not follow federal and state regulations.
It is unclear how this change will affect patient privacy and record security.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-01-23 H
Referred to HLT, JHA, referral sheet 3
2025-01-23 H
Introduced and Pass First Reading.
2025-01-21 H
Pending introduction.

Official Summary Text

RELATING TO MEDICAL RECORDS.
DOH; Retention of Medical Records; Repeal
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.

Current Bill Text

Read the full stored bill text

HB1102

HOUSE OF REPRESENTATIVES

H.B. NO.

1102

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

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.

INTRODUCED BY:

_____________________________

BY REQUEST

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.