HB 2402 — Relating to providing access to medical records; providing access to a minor’s medical record

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 2402 ByBY DelegatesDELEGATES Burkhammer,BURKHAMMER Mazzocchi,, Worrell,AZZOCCHI, Hite,WORRELL miller,, Petitto,H Horst,IT,MILLER, andETITTO, KimbleORST [Introduced,ANDK FebruaryIMBLE 17,[Passed April 12, 2025;

Referredin toeffect the90 Committeedays onfrom Healthpassage and(July Human11, Resources2025)] thenEnr the Judiciary] Eng HB 2402 AAN BILLACT to amend and reenact §16-29-1 and §49-5-101 of the codeCode of West Virginia, 1931, as amended;

and to amend saidthe code by adding thereto a new section, designated §16-29-3, relating to providing access to medical records;

providing access to a minor’ssummary of medical record;records;

and providing access to thea minor’s medical recordsrecords; of child in the custody of the state.

removing exemptions for records governed by the AIDS related Medical Testing and Records Confidentiality Act;

and providing exemptions for access to a minor’s medical records.

(a) Any licensed, certified or registered A health care provider so licensed, certified or registered under the laws of this state shall, upon the written request of a patient, his or her personal representative, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and any rules promulgated pursuant to the act, and his or her authorized agent or authorized representative, within no more than thirty days from the receipt of the request, furnish a copy, in the form of a paper copy or, if requested and if the provider routinely stores records electronically and has the ability to so provide, a copy in an electronic format including, but not limited to, a downloadable format through a secure web portal, a copy saved upon a computer disc, an electronically mailed copy or a copy saved upon a portable memory device of all or a portion of the patient’s record to the patient, his or her personal representative, or authorized agent or authorized representative subject to the following exceptions:

(1) In the case of a patient receiving treatment, for psychiatric or psychological problems, a summary of the record shall be made available to the patient, personal representative, or his or her authorized agent or authorized representative following termination of the treatment.

program.Enr HB 2402 (2) The furnishing of a copy, as requested, of the reports of x-ray examinations, electrocardiograms and other diagnostic procedures shall be deemed to comply with the provisions of this article.

(2)(b) TheThis furnishingarticle ofdoes anot copy,apply asto requested,records ofsubpoenaed theor reportsotherwise ofrequested x-raythrough examinations,court electrocardiogramsprocess, andexcept otherfor diagnosticthe proceduresfee shallprovisions bein deemed§16-29-2 toof complythis withcode, thewhich provisionsdo ofapply thisto article.subpoenaed records.

Eng(c) HBThe 2402provisions (b)of Nothing in this article shallmay be construedenforced toby require a health care provider responsible for diagnosis, treatment or administering health care services in the case of minors for birth control, prenatal care, drug rehabilitation or related services or venereal disease according to any provision of this code, to release patient records of such diagnosis, treatment or provision of health care as aforesaid to a parent or guardian, without prior written consent therefor from the patient, norpersonal shallrepresentative, anythingauthorized inagent this article be construed to apply to persons regulated under the provisions of chapter eighteen of this code or theauthorized rulesrepresentative. and regulations established thereunder.

(c)A Thishealth articlecare doesprovider notfound apply to recordsbe subpoenaedin orviolation otherwiseof requestedthis througharticle courtshall process,pay exceptany forattorney thefees feeand provisionscosts, inincluding §16-29-2court ofcosts thisincurred code,in whichthe docourse applyof tosuch subpoenaedenforcement. records.

(d) (c) The provisions of this article may be enforced by a patient, personal representative, authorized agent or authorized representative.

and any A health care provider found to be in violation of this article shall pay any attorney fees and costs, including court costs incurred in the course of such enforcement.

(e) Nothing in this article shall be construed to apply to health care records maintained by health care providers governed by the AIDS-related Medical Testing and Records Confidentiality Act under the provisions of article three-c of this chapter.

Eng HB 2402 (c) Except as provided in subsection (b) of this section, no release, authorization, nor any form of permission from or by the minor child shall be required or requested as a prerequisite for the parent or legal guardian to obtain the medical records.

CHAPTEREnr 49.HB 2402 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

CHILD............................................................... WELFARE.

ARTICLEClerk 5.of the House of Delegates ...............................................................

RECORDClerk KEEPINGof ANDthe DATABASE.Senate Originated in the House of Delegates.

§49-5-101.In effect 90 days from passage.

Confidentiality............................................................... of records;

non-releaseSpeaker of records;the House of Delegates ...............................................................

exceptions;President of the Senate __________ The within is ................................................

penalties.this the...........................................

(a) ExceptDay as otherwise provided in this chapter or by order of the..........................................................................................................., court,2025. all records and information concerning a child or juvenile which are maintained by the Division of Corrections and Rehabilitation, the Department of Human Services, a child agency or facility, or court or law- enforcement agency, are confidential and may not be released or disclosed to anyone, including any federal or state agency.

(b) Notwithstanding............................................................. the provisions of subsection (a) of this section or any other provision of this code to the contrary, records concerning a child or juvenile, except adoption records and records disclosing the identity of a person making a complaint of child abuse or neglect, may be made available:

(1) WhereGovernor otherwise3 authorized by this chapter;

(2) To:

(A) The child;

(B) A parent whose parental rights have not been terminated;

(C) The attorney of the child or parent;

and (D) The Juvenile Justice Commission and its' designees acting in the course of their official duties;

(3) With the written consent of the child or of someone authorized to act on the child's behalf;

and Eng HB 2402 (4) Pursuant to an order of a court of record:

Provided, That the court shall review the record or records for relevancy and materiality to the issues in the proceeding and safety and may issue an order to limit the examination and use of the records or any part thereof.

(c) In addition to those persons or entities to whom information may be disclosed under subsection (b) of this section, information related to child abuse or neglect proceedings, except information relating to the identity of the person reporting or making a complaint of child abuse or neglect, shall be made available upon request to:

(1) Federal, state, or local government entities, or any agent of those entities, including law-enforcement agencies and prosecuting attorneys, having a need for that information in order to carry out its responsibilities under law to protect children from abuse and neglect;

(2) The child fatality review team;