New Hampshire HB 406: relative to parental access to children's medical records.

Bill Text

HB 406-FN - AS INTRODUCED

2023 SESSION

 23-0629

 06/10

HOUSE BILL 406-FN

AN ACT relative to parental access to children's medical records.

SPONSORS: Rep. Kofalt, Hills. 32; Rep. McMahon, Rock. 17; Rep. Stapleton, Sull. 6; Rep. Simon, Graf. 1; Rep. M. Pearson, Rock. 34; Rep. Notter, Hills. 12; Rep. Testerman, Merr. 3; Rep. Plett, Hills. 29; Rep. Moffett, Merr. 4; Rep. Potucek, Rock. 13; Rep. Terry, Belk. 7; Sen. Avard, Dist 12; Sen. Gannon, Dist 23

COMMITTEE: Health, Human Services and Elderly Affairs

-----------------------------------------------------------------

ANALYSIS

 This bill expands parents access to their 13 to 18-year-old children's medical records without their children providing a release to each medical provider.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 23-0629

 06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to parental access to children's medical records.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Section; Release of a Minor's Medical Records to a Parent or Guardian. Amend RSA 332-I by inserting after section 4 the following new section:

 332-I:4-a Release of a Minor's Medical Records to a Parent or Guardian. A minor's parent or legal guardian shall have access to a minor's medical record unless:

 I. Consent from the parent or legal guardian is not required for the minor to receive the medical care or treatment, as directed by federal or specific state law. In such cases, the minor may provide specific, written consent for release of the medical records to the parent or legal guardian.

 II. The health care provider reasonably believes, in his or her professional judgment, that the child has been or may be subjected to domestic violence, abuse or neglect, and that release of the medical records to the parent or guardian could endanger the child.

 III. The parent or legal guardian agrees to a confidential communication between the minor and a health care provider, as described by HIPAA, 45 C.F.R. 164.502(g)(3).

 2 Effective Date. This act shall take effect 60 days after its passage.

 LBA

 23-0629

 12/22/22

HB 406-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to parental access to children's medical records.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

 STATE:

FY 2023

FY 2024

FY 2025

FY 2026

 Appropriation

$0

$0

$0

$0

 Revenue

$0

$0

$0

$0

 Expenditures

$0 

Indeterminable 

Indeterminable 

Indeterminable 

 Funding Source:

 [ X ] General [ ] Education [ ] Highway [ ] Other 

 METHODOLOGY:

This bill expands parents access to their children's medical records unless certain exceptions apply. The Judicial Branch states there may be an indeterminable impact on General fund expenditures to the extent additional ligation arises to enforce the provisions of this bill. The Judicial Branch is unable to determine how many additional cases may be filed, if any. 

It is assumed any fiscal impact would occur after FY 2023.

AGENCIES CONTACTED:

Judicial Branch