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The House of Delegates passed House Bill 4320, which gives parents easier access to their child’s medical records, during a floor session vote Thursday at the state Capitol.
House Bill 4320, which was approved by the House of Delegates Thursday and now heads to the Senate, would enhance access to health records for patients and parents or guardians of minors.
The proposed changes mandate licensed health care providers to furnish copies of a patient’s health records within 30 days upon written request. Exceptions include mental health treatment records and certain diagnostic reports.
One key aspect of the bill addresses parental access to a minor’s health records. It outlines that parents or guardians cannot be denied access unless court-ordered or under specific circumstances — like the minor being emancipated, married or graduated. It removes the need for the minor’s permission for parents or guardians to obtain medical records, except under specified circumstances.
The House of Delegates passed House Bill 4320, which gives parents easier access to their child’s medical records, during a floor session vote Thursday at the state Capitol.
PERRY BENNETT | WV Legislative Photography
The bill emphasizes that its provisions may be enforced by the concerned parties, and health care providers found in violation may be responsible for attorney fees and costs associated with enforcement. The bill does not apply to health care records governed by the AIDS-related Medical Testing and Records Confidentiality Act.
The legislation’s passage, by an 85-11 vote with four members absent or not voting, triggered both support and criticism.
Full parental access supported
Delegate Adam Burkhammer, R-Lewis, voiced his support for the bill, emphasizing it doesn’t deny access to necessary care for minors. Burkhammer clarified that the bill primarily addresses access to records after care, allowing parents to have crucial information for their child’s ongoing well-being.
“I know we were maybe trying to muddy the waters a little bit on some of the things talking about drug treatment, STDs and those things. What we are not doing is denying access to that care,” he said. “Those minor patients would still have access without parental consent to do that. What we’re talking about is those records after care. I think parents should have access to their children’s records so they can care for them.”
Record exemptions questionedDelegate Evan Hansen, D-Monongalia, expressed concern about the removal of exemptions related to drug rehabilitation and venereal diseases, arguing those provisions exist in current state code for a reason.
He said he believes they are vital for protecting the privacy of minors undergoing sensitive treatments without parental involvement.
“This is my problem with this bill. I’m a parent; I played a large role in medical care for my child and understand the desire to have access to our children’s medical records,” Hansen said. “This bill started off by doing that, but as it went through the committee process, something was changed, and that change was to remove exemptions related to drug rehabilitation and venereal disease.”
Delegate Mike Pushkin, D-Kanawha, raised concerns about the potential access granted to non-custodial parents, emphasizing the broad reach of the bill.
“So they could just be birth parents, not really part of the child’s life, but it would still give them access to all medical records?” Pushkin asked.
Roger Adkins covers politics. He can be reached at 304-348-4814 or email radkins@hdmediallc.com. Follow @RadkinsWV on Twitter.
