Senate Judiciary Committee Protects a Patient’s Right to Medical Records

(SACRAMENTO) – Today, Senator Richard D. Roth’s Medical Records Protection Act cleared another legislative milestone. After extensive questioning and contentious debate, the Senate Judiciary Committee approved SB 1238 in a bipartisan 6 to 0 vote, deciding that a patient has the right to be notified before their medical records are destroyed.

“This bill requires that health care providers put the patient first. It means that, potentially, countless patients won’t have to suffer the shock and betrayal when they are told their medical records have been shredded without their knowledge,” said Senator Richard D. Roth (D-Riverside). “SB 1238 is a simple, critical tool designed to ensure a patient’s right to their own records.”

This bill requires that specified health care providers send a single notice, via email or post to patient’s last known address, notifying them that their personal healthcare record will be destroyed and when; and will give the patient the opportunity to request a copy before the records are destroyed. At this time, there is neither a federal or state standard requiring how long a doctor must keep medical records, nor a requirement that the patient be notified before records are destroyed.

Senator Roth continued: “Patients are commonly unaware that they don’t actually own their own health records. SB 1238 will right that wrong.”

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Senator Richard D. Roth represents the 31st State Senate District, which includes the communities of Corona, Eastvale, Jurupa Valley, March Air Reserve Base, Moreno Valley, Norco, Perris and Riverside. Prior to his election, he served for 32 years in the United States Air Force, retiring in 2007 in the grade of Major General.