The bill aims to revise the access parents have to their child's health care information by eliminating the exclusive right of a consenting child to enforce violations of health care information privacy against providers not subject to the Health Insurance Portability and Accountability Act (HIPAA). Key amendments include provisions that require health care providers to make a child's health care information available to the parent within three days of a request, and to inform the parent if the requested information does not exist. Additionally, the bill specifies circumstances under which a parent's access to health care information may be limited, such as when the parent is the subject of an investigation for child abuse or neglect.
The bill also amends existing laws regarding medical care for children, emphasizing that parental consent is necessary for various medical procedures unless an emergency exists or a court order limits parental rights. Notably, it removes the previous provision that allowed only minors to exclusively exercise rights related to their health care information when they could consent without parental approval. The bill includes a severability clause to ensure that if any part of the act is found invalid, the remaining provisions will still be enforceable. The act is set to take effect immediately upon passage and approval.
Statutes affected: LC Text: 50-16-552
HB0377_1(1): 40-6-702, 50-16-521
HB0377_1: 40-6-702, 50-16-521