Washington amends medical records retention law to 26 years

On February 28, 2025, House Bill 1394 was introduced in the Washington State Legislature, aiming to significantly extend the retention period for hospital medical records. This legislative proposal seeks to amend RCW 70.41.190, which currently mandates hospitals to retain medical records for a minimum of ten years following a patient's discharge. Under the new bill, hospitals would be required to preserve all medical records for a minimum of 26 years from the date the record was created.

The bill applies to all medical records, including those created prior to the bill's effective date, ensuring that existing records are also subject to the new retention requirements. Hospitals would have the flexibility to maintain these records in various formats, including paper, microfilm, or electronic media.

Proponents of House Bill 1394 argue that extending the retention period is crucial for improving patient care and safety. They contend that longer retention allows for better continuity of care, particularly for patients with chronic conditions or those who may require follow-up treatments years after their initial discharge. Additionally, advocates highlight the importance of having comprehensive medical histories available for legal and insurance purposes.

However, the bill has sparked debates regarding the potential implications for hospitals, particularly concerning storage costs and administrative burdens associated with maintaining extensive medical records. Critics express concerns that the increased retention period may strain resources, especially for smaller healthcare facilities. Some stakeholders have called for amendments to address these concerns, suggesting a tiered retention system based on the type of medical record or patient demographics.

The economic implications of House Bill 1394 could be significant, as hospitals may need to invest in additional storage solutions or digital infrastructure to comply with the new requirements. Furthermore, the bill raises questions about data privacy and security, as longer retention periods could increase the risk of unauthorized access to sensitive patient information.

As the legislative process unfolds, experts predict that the bill will undergo further scrutiny and potential amendments to balance the needs of patient care with the operational realities faced by healthcare providers. The outcome of House Bill 1394 could set a precedent for medical record retention policies in Washington and potentially influence similar legislation in other states.