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By Mr. Koutoujian of Waltham, petition (accompanied by bill, House, No. 2179) of Peter J. Koutoujian and others relative to hospital and clinic medical record retention. Public Health. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Mr. Koutoujian of Waltham, petition (accompanied by bill, House, No. 2179) of Peter J. Koutoujian and others relative to hospital and clinic medical record retention. Public Health. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to hospital and clinic medical record retention. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 70 of chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by deleting the second and third sentence in the first paragraph in their entirety and inserting in place thereof the following new sentences-
Such records may be made in handwriting, in print, by typewriting, in electronic digital media or conversion to electronic digital media as originally created by such hospital or clinic, by the photographic or microphotographic process, or any combination of the same. Such hospital or clinic may only destroy said records after the applicable retention period has elapsed upon notifying the department of public health and the patient that the applicable retention period has elapsed and the records will be destroyed. Such hospital or clinic shall notify the patient by first class certified mail, return receipt requested. If patient is no longer at last known address the hospital or clinic shall use the information in the patient’s record as well as public records to locate the patient. If unable to find patient after said efforts the records may be destroyed.
SECTION 2: Section 70 of chapter 111 of the General Laws, as so appearing, is hereby amended by deleting the word “thirty” in the last sentence of the first paragraph and inserting in place thereof the word “ten”
SECTION 3: Section 36 of Chapter 123 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following new sentences-
Each facility, subject to provisions of this chapter and Section 19 of Chapter 19 who provide mental health care and treatment shall maintain records of individual patients’, records are so defined under section 70 of chapter 111, for at least ten years after closing of the record due to discharge, death, or last contact. Such facility may only destroy said records after the applicable retention period has elapsed upon notifying the department and the patient that the applicable retention period has elapsed and the records will be destroyed. Such hospital or clinic shall notify the patient by first class certified mail, return receipt requested. If patient is no longer at last known address the hospital or clinic shall use the information in the patient’s record as well as public records to locate the patient. If unable to find patient after said efforts the records may be destroyed.
SECTION 4: Application of this Act
(a) The Department of Public Health and the Department of Mental Health shall consult with the Massachusetts Hospital Association, the Massachusetts Council of Community Hospitals, the Massachusetts League of Community Health Centers, the Massachusetts Medical Society, and the Massachusetts Association of Behavioral Health Systems prior to developing regulations required under this Act. Promulgation or amendment of said regulations shall occur within 120 days of the effective date of this Act.