SB 286 West Virginia Senate · 2025 Regular Session

Granting parents access to health records of minor child

Senate Bill 286 grants parents and legal guardians direct access to their minor child's health records without requiring the child's permission, except in four specific cases: the child has graduated high school, is emancipated, married, or if a criminal case for child abuse is pending against the parent. The bill removes the need for healthcare providers to obtain a minor's authorization for parents to access records, aligning with existing HIPAA guidelines. It also ensures managed care organizations, child placing agencies, and temporary custodians can access a child's medical records. This change applies to all healthcare providers and child welfare entities in West Virginia, streamlining access while maintaining clear exceptions.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Feb 19, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 5 edits
MODERATE
The bill was amended to expand access to minor children's medical records by explicitly including foster parents and kinship caregivers, adding a new exception for parents facing child abuse/neglect charges, and clarifying that managed care organizations and temporary custodians can access records. The bill also added a new section to the child welfare code regarding record confidentiality and disclosure exceptions.
Scope change
Expanded from parents/legal guardians only to include foster parents, kinship placement, managed care organizations, child placing agencies, and persons with temporary custody of children.
ELIGIBILITY

Added foster parents and kinship placement as eligible parties who cannot be denied access to minor children's health records.

Added exception allowing denial of access when there is a pending criminal case against the parent or guardian for child abuse and neglect.

SCOPE

Added provisions allowing managed care organizations, child placing agencies, and persons with temporary custody to access children's medical records.

REQUIREMENT

Added new section to child welfare code clarifying confidentiality exceptions and record disclosure requirements for various agencies and entities.

Clarified that no release, authorization, or permission from the minor child is required for parents or legal guardians to obtain medical records.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
4
Feb 19, 2025
Committee
To Judiciary
upper
Feb 19, 2025
Upper · Passed
Committee substitute reported, but first to Judiciary
upper
Feb 12, 2025
Committee
To Health and Human Resources
upper
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Health and Human Resources then Judiciary
upper
1 primary · 7 co-sponsors

Sponsors