To enact section 3798.05 of the Revised Code related to medical records of minors and to name the act the My Child-My Chart Act.
Summary
HB162, the My Child-My Chart Act, would create a new section of the Revised Code governing how electronic health records systems handle the medical records of minors. The bill requires health care providers, to the fullest extent allowed by HIPAA and Ohio law, to ensure that a minor’s parent or guardian can access the minor’s health records in the electronic system. If needed, providers would have to organize records so that care received with parent or guardian consent is separated from care received without such consent.
The bill also prohibits providers from requiring a parent or guardian to obtain the minor’s authorization before accessing records for care that was consented to by the parent or guardian. In addition, providers would have to annually inform parents or guardians about categories of care minors may obtain without parental consent under Ohio law, and explain that records for those services generally cannot be disclosed without the minor’s authorization. At each minor’s annual well visit, providers would also have to offer the minor a chance to give general, ongoing written consent for parent or guardian access to records relating to care the minor may receive without parental consent, unless that consent has already been given and not revoked.
Impact
HB162 would add a new statutory requirement for health care providers that maintain minors’ protected health information in electronic health records systems. It would affect record-access practices, patient privacy procedures, and annual notice obligations, and would require providers to align their systems and policies with both Ohio law and HIPAA privacy rules. The bill would also interact with existing Ohio statutes governing minors’ ability to consent to certain types of care, including the specific code sections listed in the bill.
Sentiment
The available voting history suggests the bill has generally favorable support in the House, passing committee 10-2 and then passing the House 87-6. That pattern indicates broad agreement with the bill’s goal of improving parental access to minors’ medical records, while also preserving the legal protections that apply to certain confidential minor-consented services. No committee transcript is available here, so the record does not show detailed debate, but the vote margins suggest the measure was not especially controversial overall.
Contention
The main point of contention is the balance between parental access and minor confidentiality. Supporters appear to favor clearer and broader access for parents or guardians to a child’s medical records, especially in electronic systems, while the bill still preserves confidentiality for care minors can lawfully obtain without parental consent unless the minor authorizes disclosure. Potential concerns would likely come from privacy advocates, providers, or those worried that the bill could complicate access to sensitive services or require changes to electronic record systems and consent workflows.