House Bill No. [insert bill number] 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). The bill amends Sections 40-6-702 and 50-16-521 of the Montana Code Annotated (MCA) to clarify that parents have the right to access their child's health care information, with specific provisions for when parental consent is required for medical procedures and when exceptions apply, such as in emergencies or when a parent is under investigation for abuse.

Key amendments include the requirement for health care providers to make a child's health care information available to parents within 10 days of a request, and the introduction of circumstances under which a parent's access to this information may be denied, such as if the parent is the subject of an investigation for child abuse or if there is a reasonable belief that the child may be endangered by granting access. Additionally, the bill 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 act is set to take effect immediately upon passage and approval.

Statutes affected:
LC Text: 40-6-702, 50-16-521
HB0377_1(1): 40-6-702, 50-16-521
HB0377_1(2): 40-6-702, 50-16-521
HB0377_1(3): 40-6-702, 50-16-521
HB0377_1(4): 40-6-702, 50-16-521
HB0377_1(5): 40-6-702, 50-16-521
HB0377_1: 40-6-702, 50-16-521
HB0377_2(1): 40-6-702, 50-16-521
HB0377_2(2): 40-6-702, 50-16-521
HB0377_2(3): 40-6-702, 50-16-521
HB0377_2(4): 40-6-702, 50-16-521
HB0377_2(5): 40-6-702, 50-16-521
HB0377_2(6): 40-6-702, 50-16-521
HB0377_2: 40-6-702, 50-16-521