MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Public Health and Human Services; Judiciary A

By: Representative Bain

House Bill 47

AN ACT TO AMEND SECTION 41-9-69, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION REQUIRING HOSPITALS TO PROVIDE NOTICE TO PATIENTS OR THEIR REPRESENTATIVES OF THEIR INTENT TO RETIRE X-RAY FILM OR GRAPHIC DATA AND THE RIGHT OF PATIENTS TO REQUEST THAT THE HOSPITAL MAINTAIN THE X-RAY FILM OR GRAPHIC DATA; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 41-9-69, Mississippi Code of 1972, is amended as follows:

     41-9-69.  (1)  Hospital records shall be retained, preserved and properly stored by hospitals for such periods of reasonable duration as may be prescribed in rules and regulations adopted by the licensing agency.  Such rules and regulations may provide for different periods of such retention for the various constituent parts of any hospital records, and such rules and regulations may require that an abstract be made of pertinent data from any hospital records that may be retired as provided herein.  Such rules and regulations may also provide for different periods of such retention for the various injuries, diseases, infirmities or conditions primarily causing or associated with the hospitalization.  However, complete hospital records shall be retained for a period after discharge of the patient of at least (a) seven (7) years in cases of patients discharged at death, except as may be otherwise hereinafter provided; (b) ten (10) years in cases of adult patients of sound mind at the time of discharge, except as may be otherwise hereinafter provided; (c) for the period of minority or other known disability of the patient plus seven (7) additional years, but not to exceed twenty-eight (28) years, in cases of patients under disability of minority or otherwise; or (d) for the period of minority or other known disability of any survivors hereinafter mentioned plus seven (7) additional years, but not to exceed twenty-eight (28) years, in all cases where the patient was discharged at death, or is known by the hospital to have died within thirty (30) days after discharge, and the hospital knows or has reason to believe that such patient or former patient left one or more survivors under disability of minority or otherwise who are or are claimed to be entitled to damages for wrongful death of the patient under Section 11-7-13, or laws amendatory thereof.  Upon the expiration of the applicable period of retention, any hospital may retire the hospital record.

     (2)  X-ray film and any other graphic data may be retired four (4) years after the date of exposure of the X-ray film or creation of the graphic data if the written and signed findings of a radiologist who has read such X-ray film or other professional who has interpreted such graphic data are retained for the same period as other hospital records under the preceding subsection. * * *However, before X‑ray film or graphic data is retired, the signature of the patient or his representative consenting to the retirement of X‑rays or graphic data shall be on file, or the hospital, by certified letter, return receipt requested, shall advise the patient or his representative of its intent to retire the X‑ray film or graphic data.  The letter shall be mailed to the last known address of the patient or the patient's representative as reflected in the hospital's records.  The patient or his representative shall have sixty (60) days from the date of the hospital's letter to request in writing that the X‑ray film or graphic data be maintained by the hospital for the same period as hospital records under the preceding subsection.  If such request is received by the hospital within sixty (60) days from the date of its letter, the hospital shall abide by such request. Otherwise, the hospital may retire such X‑ray film or graphic data as it chooses.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.