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Bill > HB653


MT HB653

Provide for parental right to access child's health care information


summary

Introduced
02/21/2025
In Committee
02/22/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING ACCESS BY PARENTS TO A CHILD'S HEALTH CARE INFORMATION; ELIMINATING THE EXCLUSIVE RIGHT OF A CONSENTING CHILD TO ENFORCE VIOLATIONS OF HEALTH CARE INFORMATION PRIVACY BY PROVIDERS WHO ARE NOT SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT; AMING SECTIONS 40-6-702 AND 50-16-521, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

AI Summary

This bill modifies existing Montana law to expand parental access to their child's health care information while establishing specific conditions and limitations. The legislation requires health care providers to make a child's health care information available to parents within 10 days of a request, either by allowing examination, providing a copy, or explaining why the information cannot be found. Parents' access is not guaranteed in certain circumstances, such as when a government entity is the child's legal guardian, when a court order limits parental access, or when a parent is under investigation for crimes against the child or child abuse. The bill also removes previous language that allowed minors to exclusively control access to health care information for services they could legally consent to themselves. Additionally, the bill includes provisions ensuring that if any part of the legislation is found invalid, the remaining valid parts will still be enforceable. The act becomes effective immediately upon passage and approval, signaling the legislature's intent to implement these changes promptly.

Committee Categories

Justice

Sponsors (1)

Last Action

(H) Died in Process (on 05/20/2025)

bill text


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