This bill amends existing law to ensure that individuals appointed a guardian retain the right to access and consent to the release of their confidential records, including medical records, unless the court specifically orders otherwise. It outlines the process for guardians to provide records to the ward upon request and the circumstances under which a guardian may petition the court to restrict the ward's access to their records. The bill also addresses the ward's right to access and release their records in situations where they file a motion to remove the guardian or to terminate or modify the guardianship order. In such cases, the court is required to grant access to the ward's records unless an objection is filed and the objector can prove beyond a reasonable doubt that such access would be harmful to the ward's interests.

Additionally, the bill revises the fees that can be charged for copies of medical records, capping the cost for electronic copies at $50 and establishing a tiered pricing structure for paper copies. It mandates that electronic records be provided in electronic format unless a paper format is specifically requested. The bill also stipulates a 30-day timeframe for the provision of requested records, with records not provided within this period to be given at no cost, barring certain exceptional circumstances. The effective date for the changes regarding guardians and conservators is set for January 1, 2025, while the remainder of the act takes effect on July 26, 2024.

Statutes affected:
Introduced: 464-A:9, 464-A:39, 464-A:40
As Amended by the Senate: 464-A:9, 464-A:39, 464-A:40
Version adopted by both bodies: 464-A:9, 464-A:39, 464-A:40
CHAPTERED FINAL VERSION: 464-A:9, 464-A:39, 464-A:40