HIPAA gives parents the right to access the medical records of their minor children but Kentucky lawmakers want to make sure that parents can access their children’s entire medical records and prevent healthcare providers from withholding information about treatment that does not, under state law, require parental consent.

House Bill 174 was sponsored by Representatives Rebecca Raymer (R), Danny Bentley (R), Chris Fugate (R), John Hodgson (R), and Michael Lockett (R).  The bill adds a new section to current state law (KRS, Chapter 422) that establishes standards and procedures for access to copies of the medical records of patients under 18 years by the minor’s personal representatives – individuals who under state law have the authority to make health care decisions for a patient or a parent of the patient – provided the disclosure of those records is not prohibited by the Health Insurance Portability and Accountability Act (HIPAA).

The bill was presented to the House by Sen. Donald Douglas (R), who explained that while HIPAA gives personal representatives/parents the right to access or obtain a copy of the medical records of their minor children, that may not always be the case. “I’ve heard the argument of HIPAA gives us all the access, but ultimately, if one reads all the HIPAA forms, they find that often these decisions are left up to the states or even sometimes these decisions are left up to the treating physician,” said Sen. Douglas. He also explained that state laws have put up barriers for parents. For instance, under state law, minors who present with certain medical conditions can be treated without the consent of a parent or legal guardian and individuals of 16 years of age can receive mental health treatment without the consent of a parent or legal guardian. Sen Douglas believes that is wrong.

In Kentucky, there are certain medical conditions that minors can consent to and not have to get parental consent, for instance, reproductive healthcare, when child abuse is suspected, and mental health care (if over 16). While the amendments to state law have received strong support from Kentucky lawmakers, there has been criticism of the changes, especially from pediatricians. Sen. Karen Berg (D) voted against the amendment. She said she has spoken with pediatricians and the view was that they would not abide by the changes if they are enacted. “They felt that this was a huge break in physician-patient confidentiality around certain singular issues that growing teenagers sometimes desire and sometimes need confidentiality from their parents,” said Sen. Berg.

Sen. Cassie Chambers Armstrong (D) also voted against the bill and said parents already have access to most of their children’s records, aside from a few areas where additional protections have been put in place, such as injuries sustained due to child abuse. A counterargument from Sen. Douglas was that in such cases, healthcare providers are obligated to notify the police, and the role of a healthcare provider is to provide an opinion and treatment, not to get involved in rearing other people’s children.

The bill was passed by the House of Representatives with a vote of 81-15 and by the Senate with a vote of 28-7. The bill now heads back to the House.

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