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Criminal Falsification of Medical Records

EngrossedHouse
Mark PlessRepublican

Ref To Com On Rules and Operations of the Senate2025-04-10

88 Yea24 Nay2025-04-09

This bill creates criminal penalties for health care providers who knowingly destroy, alter, falsify, or omit information from medical records. The offense is classified as a Class H felony if done to conceal medical errors or abuse/neglect that caused serious injury or death, a Class A1 misdemeanor for concealing other material facts related to potential claims, and a Class I felony if money is exchanged for such conduct.

  • Supporters argue this bill protects patients by creating a strong legal deterrent against health care providers tampering with medical records to hide mistakes or misconduct.
  • The bill addresses a serious problem where record falsification can prevent patients and their families from discovering wrongdoing, obtaining justice, or learning the truth about their medical care.
  • It also preserves patients' ability to pursue civil lawsuits by making record destruction a separate criminal offense.
  • Opponents may argue the bill could create liability concerns for healthcare providers in gray-area situations involving record management, corrections, or documentation updates that are part of normal clinical practice.
  • Some may question whether criminal penalties are the appropriate response versus stronger licensing board discipline or civil remedies, and whether the distinctions between felony and misdemeanor thresholds are clearly defined enough to avoid prosecutorial overreach.

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