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. The bill outlines the process for a ward to request records from their guardian and the conditions under which a guardian may petition the court to restrict the ward's access to their records. It also provides for the ward's right to access and release their confidential records when filing a motion to remove the guardian or to terminate or modify the guardianship order, unless it is proven 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 sliding scale for paper copies. It mandates that electronic records be provided in electronic format unless a paper format is specifically requested. The bill also sets a 30-day deadline for the provision of requested records, with records provided after this deadline being free of charge, unless an unavoidable force majeure event occurs. The bill includes provisions for no-cost provision of records if an incomplete copy is initially provided and further requests are needed. Sections 1 through 4 of the bill will take effect on January 1, 2025, while the remainder will take effect upon passage.

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