This bill amends the Code of West Virginia to enhance access to health care records for parents and legal guardians of minor children. It specifies that no release, authorization, or permission from the minor child is required for a parent or guardian to obtain the child's medical records, except in certain circumstances outlined in the new section 16-29-3. These exceptions include situations where the child has graduated high school, is emancipated, is married, or if there is a pending criminal case against the parent for child abuse or neglect. Additionally, the bill allows managed care organizations, child placing agencies, and individuals with temporary custody of the child to access the child's medical records.

The bill also makes several amendments to existing provisions regarding the furnishing of health care records. It clarifies that health care providers must provide copies of records within 30 days of a request and outlines the conditions under which records may be withheld, particularly in cases involving mental health treatment. Furthermore, it updates the confidentiality provisions related to child welfare records, ensuring that certain records can be disclosed to parents, guardians, and authorized individuals while maintaining protections for sensitive information. Overall, the bill aims to streamline access to health care records for parents and guardians while balancing the privacy rights of minors.

Statutes affected:
Introduced Version: 16-29-1, 16-29-3
Committee Substitute: 16-29-1, 49-5-101, 16-29-3