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 consent is required and the circumstances under which this access may be limited. Notably, 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 is under investigation for child abuse.

Additionally, the bill removes the provision that allowed only minors to exclusively exercise rights related to their health care information when they were authorized to consent to care without parental consent. This change reinforces parental access to health care information, ensuring that parents can obtain necessary information about their child's health care without being hindered by the child's consent rights. The bill includes a severability clause to maintain the validity of the remaining provisions if any part is found invalid, and it is set to take effect immediately upon passage and approval.

Statutes affected:
LC Text: 40-6-702, 50-16-521
HB0653_1(1): 40-6-702, 50-16-521
HB0653_1(2): 40-6-702, 50-16-521
HB0653_1(3): 40-6-702, 50-16-521
HB0653_1(4): 40-6-702, 50-16-521
HB0653_1(5): 40-6-702, 50-16-521
HB0653_1(6): 40-6-702, 50-16-521
HB0653_1(7): 40-6-702, 50-16-521
HB0653_1(8): 40-6-702, 50-16-521
HB0653_1(9): 40-6-702, 50-16-521
HB0653_1: 40-6-702, 50-16-521