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Bill to guarantee parental access to minors’ medical records draws sharp opposition from health providers
Summary
Supporters told the committee HB 6 53 restores parental access to children’s medical records; hospitals, pediatrics groups and mental‑health providers warned it conflicts with HIPAA exceptions, risks endangering children in abuse investigations, and would create operational burdens for providers and small clinics.
Representative Nioli Nicoll opened House Bill 6 53 as an attempt to "give parents back the right to access their children's medical records," saying the text is compliant with HIPAA and carefully reviewed by attorneys. Supporters — parents, faith and family‑rights groups and legal counsel — argued parents must be fully informed to exercise decision‑making authority for minors.
Opponents included large health systems, pediatricians, mental‑health counselors, and public‑health groups. Amy Grimales, counsel for Billings Clinic/Logan Health, and representatives of Shodair Children's Hospital and the Montana Medical Association said the bill duplicates prior floor work (House Bill 377) and lacks carefully drafted safety exceptions aligned to federal HIPAA. The medical community urged inclusion of language that mirrors HIPAA's "reasonable belief" safety carve‑outs (e.g., where disclosure would endanger the child or reveal ongoing abuse), warning that immediate electronic access could put children at risk and undermine confidentiality relied upon in pediatric and behavioral‑health care.
Clinicians described operational complications—admissions staff must check active custody orders, restraining orders, interjurisdictional guardianships and other documents before releasing records. Several witnesses asked the committee to table the measure or adopt narrowly tailored exceptions already used in House Bill 377, while parents and parental‑rights advocates urged passage. The committee heard extended questioning about practical timelines (HIPAA allows a 30‑day access window) and whether codifying HIPAA language as statute is preferable to a stand‑alone parental‑access law. The hearing closed with sponsors offering to work on amendments.
