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Bill

HB 401

Dental and medical records; require practices to offer to patients upon expiration of prescribed retention period.

2026 Regular Session Introduced by Randy Rushing

Requires Mississippi medical and dental practices to offer patient records to patients when legally required retention periods expire, preventing automatic destruction.

Referred To Public Health and Human Services
#publichealthandhumanservices
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Bill Summary · HB 401

Legislative bill overview

HB 401 requires dental and medical practices in Mississippi to offer patient records to patients when the legally prescribed retention period expires, rather than unilaterally destroying them. This gives patients the right to obtain their own medical and dental histories before records are discarded.

Why is this important

Medical and dental records are personal health documents that patients may need for continuity of care, legal claims, or personal health management. Currently, practices can dispose of records after the retention period without patient input, potentially losing important health information permanently. This bill prioritizes patient access and autonomy over their own health information.

Potential points of contention

  • Cost burden on practices: Implementing systems to contact patients and store/transfer records for those who request them could increase administrative costs for medical and dental offices, particularly small practices.
  • Storage and liability concerns: Practices may worry about liability if they retain records longer than legally required, or about data security when storing records for extended periods.
  • Defining "offer" logistics: The bill's success depends on how "offer to patients" is operationalized—unclear notification procedures could result in patients never learning their records are available before destruction occurs.

Compiled from official sources — confirm details with the bill’s official record.

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