This 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 changes to Sections 40-6-702 and 50-16-521 of the Montana Code Annotated (MCA). Specifically, the bill stipulates that health care providers must make a child's health care information available to the parent within 10 days of a request, unless certain exceptions apply, such as when a legal guardian is a government entity or the parent's rights have been limited by court order.

Additionally, the bill removes the provision that allowed minors to exclusively exercise rights related to their health care information when they could consent to care without parental consent. This change is significant as it reinforces parental access to health care information, ensuring that parents can obtain necessary information about their child's health care. The bill also includes a severability clause, ensuring that if any part of the act is found invalid, the remaining provisions will still be effective. The act is set to take effect immediately upon passage and approval.

Statutes affected:
LC Text: 40-6-702, 50-16-521