Amendment vs bill House Amendment 1 vs Enrolled

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Enrolled Copy H.B.
2nd Sub.
259 Parental Access to Children's Medical Records Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Michael J.
Petersen Senate Sponsor:
Brady Brammer 3 LONG TITLE General Description:
This bill amends provisions related to parent access to a minor's medical record.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ specifies that a parent has the right to access their child's medical record;
▸ requires a health care facility to ensure that a child's parent has access to the child's electronic health record unless certain circumstances are met;
▸ requires an electronic medical record system vendor to ensure a health care facility can provide access to parents;
▸ authorizes the attorney general's office to bring enforcement actions;
and ▸ requires a health care facility to provide medical records free of charge under certain circumstances.
Money Appropriated in this Bill:
None Other Special Clauses:
None Utah Code Sections Affected:
AMENDS:
26B-1-335, as last amended by Laws of Utah 2024, Chapter 268 ENACTS:
26B-2-244, Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
259 Enrolled Copy Section 1.
259 Parental Access to Children's Medical Records Amendments House Amendments Amendment 1 February 12, 2026 01:03 PM Representative Michael J.
Section 26B-1-335 is amended to read:
Petersen proposes the following amendments:
26B-1-335 .
1.
Division of Services for People with Disabilities Restricted Account.
Line 8 through 14:
(1) As used in this section, "account" means the Division of Services for People with Disabilities Restricted Account created in Subsection (2).
This Bill:
(2) There is created a restricted account within the General Fund known as the "Division of Services for People with Disabilities Restricted Account." (3) The account consists of:
→defines terms;
(a) carry forward funds from the division's budget;
→requires a health care facility to ensure that a minor's parent or legal guardian has access to the minor's electronic {health} medical record unless certain circumstances are met;
[and] (b) unexpended balances lapsed to the account from the division's budget[.] ;
→requires an electronic medical record system vendor to ensure a health care facility can provide access to parents and legal guardians;
and (c) fines paid under Section 26B-2-244.
→authorizes the attorney general's office to bring enforcement actions;
(4) At the close of a fiscal year, the division may, without an appropriation, deposit into the account carry forward funds described in Subsection (3).
and 2.
(5) Subject to appropriation, the Department of Health and Human Services may expend funds from the account to serve individuals eligible for division services statewide.
Line 26 through 30:
Section 2.
Section 26B-2-244.
Section 26B-2-244 is enacted to read:
is enacted to read:
26B-2-244 .
26B-2-244 Electronic {health record} medical record access for minors.
Medical record access for children.
(a) "Child" means an individual under the age of 18 years old.
(a) "Electronic medical record system" means an electronic system for maintaining medical records in a clinical setting.
(b) "Electronic medical record system" means an electronic system for maintaining medical records in a clinical setting.
3.
(c) "EMRS vendor" means the vendor of an electronic medical record management system.
Line 36 through 52:
(d) "Health care system" means an entity that owns two or more health care facilities.
(e) "Personal representative" means an individual described in 45 C.F.R.
(e) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub.
Sec.
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164.502(g)(1).
No.
(2) (a) Except as provided in Subsection (2)(b), a health care facility shall ensure that any electronic {health record} medical record system used by the health care facility to store electronic health records of a minor allows a minor's parent or legal guardian full and complete unrestricted access to the minor's electronic health record without obtaining another person's consent to access the electronic health record.
104-191, 110 Stat.
(b) A health care facility may restrict a parent or legal guardian's access to a minor's electronic {health record} medical record if:
1936, as amended.
(i) the parent or legal guardian consent to not having access to the electronic {health } {record} medical record;
(f) "Parent" means an individual who has a parent-child relationship, as defined in Section 81-5-102, with the child.
(ii) in accordance with 45 C.F.R.
(2) A parent has the right to obtain and access the medical records that pertain to the parent's child unless:
Sec.
(a) the parent's parental rights have been terminated;
164.502(g)(3)(i), the child consented to the health care under Section 26B-7-214 or Subsection 78B-3-406(6) that generated the electronic {health record} medical record;
(b) the child is emancipated or legally married;
- 1 - Parental Access to Children's Medical Records Amendments (iii) required by a court order;
(c) required by a court order;
(iv) the health care facility restricts access in accordance with 45 C.F.R.
or (d) the medical record relates to sexual assault counseling in accordance with Section 77-38-204.
Sec.
- 2 - Enrolled Copy H.B.
164.502(g)(5);
259 (3)(a) Subject to Subsection (3)(b), a health care facility may not restrict a parent's access to the electronic medical record of the parent's child.
or 4.
(b) A health care facility may:
Line 53 through 61:
(i) restrict a parent's access to an electronic medical record of the parent's child for a reason described in Subsection (2);
(v) the minor's parent or legal guardian would not be considered a personal representative under state or federal law.
and (ii) only restrict access to the portion of the electronic medical record that would be restricted under Subsection (2).
(c) A health care facility may not condition services on a parent or legal guardian consenting to restricted access to a minor's electronic {health record} medical record.
(4) An EMRS vendor providing an electronic medical record system for a health care facility shall ensure the electronic medical record system provided to the health care facility is capable of being modified by the health care facility to comply with Subsection (3).
(d) Beginning on September 1, 2026, a health care facility may only restrict access to the part of the electronic {health record} medical record that is restricted under Subsection (2)(b).
(5)(a) Subject to Subsection (5)(f), a health care facility in violation of Subsection (3) is subject to a $1,000 civil fine for each day the health care facility does not comply with Subsection (3) after December 31, 2027.
(3) An EMRS vendor providing an electronic medical record system for a health care facility shall ensure the electronic medical record system provided to the health care facility complies with Subsection (2).
(b) An EMRS vendor in violation of Subsection (4) is subject to a $1,000 civil fine for each day the EMRS vendor's electronic medical record system does not comply with Subsection (4) after December 31, 2027.
5.
(c) The attorney general may bring a civil action against a health care facility or EMRS vendor to enforce this section.
Line 78:
(d) In enforcing this section, the attorney general may issue subpoenas in investigating a potential violation.
guardian access;
(e) A court shall award attorney fees to the attorney general if the attorney general is successful in an enforcement action described in this section.
and (b) the parent or legal guardian is otherwise authorized to access the records under HIPAA.
(f) If two or more health care facilities are owned by a health care system and not in compliance with Subsection (3), the civil fine described in Subsection (5)(a) shall be assessed against the health care system for each day of noncompliance as if the health care facilities were a single health care facility.
(7) This section does not apply to the Utah State Hospital or to an electronic medical record system used by the Utah State Hospital.
(6)(a) A health care facility shall:
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(i) provide a notice to any parent that is unable to access a part of an electronic medical record if:
(A) the electronic medical record system is unable to provide the parent access;
and (B) the parent is not otherwise precluded from access to the records under HIPAA or Subsection (2);
and - 3 - H.B.
259 Enrolled Copy (ii) upon request, provide the parent medical records.
(b) A health care facility shall provide records under Subsection (6)(a):
(i) without charge;
and (ii) within five business days of the day on which the health care facility receives the request.
(c) A health care facility that fails to provide records in accordance with this Subsection (6) is subject to a $1,000 civil fine per record.
(d) The notice described in Subsection (6)(a)(i) shall state the following "If your child's medical records are not visible, click here to request them.
They must be provided within five business days or a $1,000 fine applies per Utah Code Section 26B-2-244." (7) A fine collected under this section shall be deposited into the fund described in Section 26B-1-335.
(8) Subsections (3) through (7) do not apply to the Utah State Hospital.
Section 3.
Effective Date.
This bill takes effect on May 6, 2026.
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