Washington 2025-2026 Regular Session

Washington Senate Bill SB5239

Introduced
1/14/25  
Refer
1/14/25  
Report Pass
1/24/25  
Engrossed
2/12/25  
Refer
2/17/25  
Report Pass
4/1/25  
Refer
4/2/25  
Enrolled
4/17/25  
Chaptered
4/22/25  

Caption

AN ACT Relating to the retention of hospital medical records;

Summary

SB 5239 updates Washington law governing how long hospitals must keep patient medical records. The bill requires hospitals, unless the Department of Health specifies otherwise, to retain and preserve records directly related to a patient’s care and treatment for at least 10 years after the patient’s most recent discharge. For minors, the bill requires retention for at least 3 years after the patient turns 18 or 10 years after discharge, whichever is longer. It also allows hospitals to keep records in paper, microfilm, electronic, or other media, and directs the department to define by rule the types of records and information that must be included. The bill also addresses older records and hospital closure. Records created before the effective date remain subject to the new requirements if they were still being retained on that date, while records already destroyed or disposed of in compliance with prior law are not brought back into retention. Hospitals that cease operations must make immediate arrangements, approved by the department, for preservation of their records. The bill does not exempt hospitals from any other record-retention requirements that may apply under other laws or regulations.

Impact

SB 5239 amends Washington’s hospital record-retention statute, RCW 70.41.190, by extending and clarifying minimum retention periods and by authorizing broader record formats. It affects hospitals, the Department of Health, and patients whose records must be preserved for longer periods, especially minors and patients whose care records may be needed for future treatment, billing, legal, or regulatory purposes. The bill also gives the department rulemaking authority over the specific contents of retained medical records and procedures for preserving records when a hospital closes.

Sentiment

The bill appears to have been broadly supported and noncontroversial. It passed the Senate Health & Long-Term Care Committee unanimously, then passed the full Senate and House unanimously as well, indicating strong bipartisan agreement. The voting history suggests general consensus that longer retention of hospital records is a routine patient-safety and administrative measure rather than a contested policy change.

Contention

No major opposition is reflected in the available votes or transcripts. The main policy considerations implicit in the bill are the burden on hospitals to store records longer and in multiple formats versus the benefit to patients, providers, and regulators of improved access to historical medical information. Any potential contention would likely center on implementation details—such as what records must be kept, how electronic preservation is handled, and how hospitals should transfer records if they close—but no specific disputes are shown in the provided materials.

Companion Bills

WA HB1394

Crossfiled AN ACT Relating to the retention of hospital medical records;

Previously Filed As

WA HB1394

AN ACT Relating to the retention of hospital medical records;

WA HB2051

AN ACT Relating to payment to acute care hospitals for difficult to discharge medicaid patients;

WA SB5881

Providing enhanced medicaid payments to providers and hospitals.

WA LB456

Provide for a patient’s waiver for the release of employee hospital and medical records under the Nebraska Workers’ Compensation Act

WA HB1186

AN ACT Relating to expanding the situations in which medications can be dispensed or delivered from hospitals and health care entities;

WA SB5019

AN ACT Relating to permitting medications packaged and delivered from the manufacturer in quantities larger than 96 hours of doses to be distributed under existing prepack medication law;

WA HB2571

AN ACT Relating to evidence of medical, hospital, or similar expenses occasioned by an injury;

WA SB6159

Strengthening public hospitals.

WA SB5124

AN ACT Relating to increasing patient access to timely and medically necessary postacute care by establishing network adequacy standards for nursing homes and inpatient rehabilitation facilities within managed care contracts for medical assistance programs;

WA HB1277

Creating a sales and use tax exemption for the purchase and use of medical equipment and supplies by a critical access hospital.

Similar Bills

No similar bills found.