Senate panel advances bill allowing telehealth recordings when patient and provider both consent

The Senate Health & Welfare committee voted to report H84 favorably after hearing from legislative counsel and health sector witnesses about recordkeeping and patient privacy.

Legislative counsel told the committee H84 would amend Title 18 to allow recording of telemedicine consultations and audio-only telephone visits when both the patient and the provider consent. The bill covers both store-and-forward telehealth and audio-only telephone consults and adds mutual-consent language for recording.

Committee members raised HIPAA and records-retention questions. Jessica Barnard of the Vermont Medical Society said the written report that a provider creates and saves in the medical record is what is retained under normal retention rules (commonly seven or ten years, depending on the patient and state rules). Barnard said ambient audio or original audio files used to create that written note are typically destroyed after the note is created and saved. A committee member also referenced prior discussions of AI and ambient technologies and noted one technology discussed previously retained ambient audio for about 30 days before deletion.

A committee member moved to report H84 "out favorably as passed by the House." The clerk recorded 'Yes' votes from Senators Benson, Collins, Gulick, Borley and Lyons; the motion carried and the bill was advanced from the committee.

The committee did not adopt any amendments in this session and asked staff and witnesses to provide clarifying written material on record retention and HIPAA implications before the bill's next steps.

Next steps: H84 was reported favorably and will move on in the legislative process; the committee requested additional written clarifications about how audio files and written notes should be managed under existing law.