This bill proposes amendments to West Virginia's laws regarding access to medical records, particularly focusing on minors and children in state custody. It introduces a new section, 16-29-3, which stipulates that parents, guardians, foster parents, or kinship placements cannot be denied access to the health records of their minor children unless a court orders otherwise. However, access is restricted if the minor has graduated high school, is emancipated, or is married. Additionally, the bill clarifies that no consent from the minor is required for parents or guardians to obtain these medical records.

The bill also amends existing provisions in Chapter 16 and Chapter 49 of the West Virginia code. It removes certain restrictions on health care providers regarding the release of records for minors receiving specific treatments, and it allows for enforcement of the provisions by patients or their representatives, including the recovery of attorney fees for violations. Furthermore, it mandates that child placing agencies and residential treatment facilities disclose confidential information when making referrals or providing services, and it ensures that the Bureau of Medical Services and the Bureau for Social Services provide electronic access to a child's medical records to relevant parties involved in the child's care.

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