Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                              Office of Research                              Legislative Budget
         www.lsc.ohio.gov                       and Drafting                                        Office
                            H.B. 463                                Bill Analysis
                  135th   General Assembly
                                                                     Click here for H.B. 463’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Click
Effective date:
Meredith Bray, Attorney
                                                         SUMMARY
                    Requires health care providers to ensure a minor’s parent or guardian has access to the
                          electronic health records of the minor to the fullest extent permitted under federal and
                          state law.
                    Prohibits a health care provider from requiring a minor’s authorization for a parent or
                          guardian to obtain the minor’s electronic health records relating to care that a parent or
                          guardian provided consent for.
                    Requires health care providers to annually inform each minor’s parent or guardian (1) of
                          circumstances in which a minor may receive health care without parent or guardian
                          consent and (2) that records of such care may not be disclosed to the parent or guardian
                          without the minor’s authorization.
                    Requires health care providers to give an opportunity to a minor to provide general,
                          ongoing written consent for parent or guardian access to the minor’s medical records at
                          the minor’s annual well visit.
                    Names the act the My Child-My Chart Act.
                                                DETAILED ANALYSIS
Parent or guardian access to minor medical records
                  Health care provider responsibilities
       As discussed below, the bill imposes several requirements on health care providers that
maintain protected health information for patients who are minors.
                     Access to electronic records
       Regarding records maintained in electronic health records systems, health care
providers must ensure to the fullest extent permitted under the federal HIPAA privacy rule and
                                                                                                             April 15, 2024
Office of Research and Drafting                   LSC                          Legislative Budget Office
Ohio law that parents and guardians of minors have access to the minors’ health records. If
necessary to meet this requirement, the bill requires maintaining a minor’s health records in a
manner that can separate records relating to instances where a minor received health care
without parental consent and instances where care is received with parental consent. 1
       Under existing law that is unchanged by the bill, there are eight circumstances where
minors may receive health care without parental consent (i.e., the minor consents on their own
behalf): (1) blood donations,2 (2) emergency medical care for sexual abuse victims,3 (3) human
immunodeficiency virus (HIV) testing,4 (4) venereal disease diagnosis and treatment,5 (5) drug
and alcohol abuse diagnosis and treatment,6 (6) medical care for minors prosecuted as adults
who are confined to state correctional institutions,7 (7) certain outpatient mental health
services for minors aged 14 to 17,8 and (8) obtaining an abortion without parental notification
(through a judicial process).9
       Related to any other care, the bill prohibits health care providers from requiring
authorization from a minor before a parent or guardian may access electronic records relating
to minor care that the parent or guardian provided the consent for.10
        Annual information to parents
       Regardless of whether records are electronic or maintained in another form, the bill
requires health care providers who care for minors to annually inform each minor’s parent or
guardian of both of the following:
       The circumstances in which a minor is permitted under Ohio law to receive health care
           without parental consent;11
       That medical records related to care a minor received without parental consent may not
           be disclosed to a parent or guardian without authorization from the minor. 12
1   R.C. 3798.05(A).
2   R.C. 2108.31, not in the bill.
3   R.C. 2907.29, not in the bill.
4   R.C. 3701.242, not in the bill.
5   R.C. 3709.241, not in the bill.
6   R.C. 3719.012, not in the bill.
7   R.C. 5120.172, not in the bill.
8   R.C. 5122.04, not in the bill.
9   R.C. 2151.85, not in the bill.
10   R.C. 3798.05(A).
11   R.C. 3798.05(B)(1)(a).
12   R.C. 3798.05(B)(1)(b).
P a g e |2                                                                                      H.B. 463
                                                                                           As Introduced
Office of Research and Drafting             LSC                         Legislative Budget Office
        Opportunity for minor to provide consent
         The bill requires that an opportunity be provided for a minor to provide general,
ongoing written consent for parental access to records that may relate to the care a minor
received without parental consent, or may receive in the future, at each minor’s annual well
visit.13 Once written consent from the minor has been received, the requirement no longer
applies unless a minor has revoked that consent.14
                                       HISTORY
                              Action                                   Date
Introduced                                            03-27-24
ANHB0463IN-135/sb
13   R.C. 3798.05(B)(2)(a).
14   R.C. 3798.05(B)(2)(b).
P a g e |3                                                                             H.B. 463
                                                                                  As Introduced