HB162: My child my chart act

---

The "My Child-My Chart Act," or House Bill 162, seeks to give parents unprecedented access to children's medical records. Furthermore, HB 162 unnecessarily complicates parental access to electronic health records and minor’s assent. 

This proposed legislation does this in three primary ways:

1: Reaffirm Standards & Separate Records

The bill requires healthcare providers to ensure, to the fullest extent allowed by HIPAA and Ohio law, that a minor's parent or guardian has access to the child's electronic medical records. HB 162 conflicts within itself by distinguishing that records related to care provided without parental consent should be separated from those involving parental or guardian consent. 

2: Annual Services Notice & Disclosure Policy

Following which, The My Child-My Chart Act mandates that providers annually inform parents about the laws and services that minors are eligible to receive without parental consent and would require the provider to inform the guardian that records from such circumstances cannot be disclosed to parents without the minor's consent. 

3: Annual Minor Assent/Consent to All Records

Despite this acknowledgment, House Bill 162 then requires providers to ask every minor at their annual visit if they wish to provide "general, ongoing written consent" to allow access to records related to care the minor has or may consent to in the future. This “ongoing written consent” would include providing the minor’s guardian access to treatment records from services that did not require parental consent.

Redundancy

• Ohio law already requires medical professionals to give parents access to their children's records. House Bill 162 clearly points to HIPPA and Ohio law, regulations that Ohio’s providers are familiar with and safeguard clients of all ages.
• This is an unnecessary bill that sets a dangerous and confusing precedent around clinical documentation and record sharing. 

Vulnerable Populations/Services

• This bill does not include any dispensation for abuse or neglect, and it could potentially increase risk for LGBTQIA+ youth who do not have family support. This bill could also discourage youth from seeking care due to concerns regarding parental access to the information they share.

Best Practices & Therapeutic Relationship

• Counselor best practices, even in circumstances with parental consent, to safeguard the minors' therapeutic records and maintain appropriate privacy from their guardians. Counselors know that family participation and engagement can be crucial to the health, development, and clinical goals of minor clients. We also recognize the importance of minor clients collaborating with their guardians at their readiness and with autonomy.