Parental Right to Know Act

II 117TH CONGRESS 1ST SESSION S. 207 To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating providers under Medicaid or the Chil- dren’s Health Insurance Program to disclose the provider’s policy on parental access to the medical records of minors, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 3, 2021 Mr. LEE (for himself, Mr. TILLIS, Mr. BRAUN, and Mr. LANKFORD) intro- duced the following bill; which was read twice and referred to the Com- mittee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating pro- viders under Medicaid or the Children’s Health Insurance Program to disclose the provider’s policy on parental access to the medical records of minors, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parental Right to 4 Know Act’’. 5 VerDate Sep 11 2014 00:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S207.IS S207 kjohnson on DSK79L0C42PROD with BILLS 2 •S 207 IS SEC. 2. PARENTAL ACCESS TO MEDICAL RECORDS DISCLO- 1 SURE REQUIREMENTS UNDER MEDICAID AND 2 CHIP. 3 (a) MEDICAID.—Section 1902(w) of the Social Secu- 4 rity Act (42 U.S.C. 1396a(w)) is amended— 5 (1) in paragraph (1)— 6 (A) in the matter preceding subparagraph 7 (A), by striking ‘‘adult individuals receiving 8 medical care by or through the provider or or- 9 ganization’’ and inserting ‘‘individuals receiving 10 medical care by or through the provider or or- 11 ganization, and in the case of any such indi- 12 vidual who is a minor individual (as defined in 13 paragraph (4)(B)), written policies and proce- 14 dures with respect to the parents and legal 15 guardians of such an individual’’; and 16 (B) in subparagraph (A)— 17 (i) in clause (i), by striking ‘‘, and’’ 18 and inserting a semicolon; 19 (ii) in clause (ii), by adding ‘‘and’’ 20 after the semicolon; and 21 (iii) by inserting after clause (ii), the 22 following: 23 ‘‘(iii) the provider’s or organization’s 24 written policies respecting parental access 25 VerDate Sep 11 2014 00:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S207.IS S207 kjohnson on DSK79L0C42PROD with BILLS 3 •S 207 IS to the medical records of a minor indi- 1 vidual;’’; 2 (2) in paragraph (2), by striking ‘‘adult indi- 3 vidual’’ and inserting ‘‘individual, and in the case of 4 a minor individual, to at least 1 parent or legal 5 guardian of the minor individual’’; 6 (3) in paragraph (3), by striking ‘‘section’’ and 7 inserting ‘‘subsection’’; and 8 (4) in paragraph (4)— 9 (A) by striking ‘‘subsection, the term’’ and 10 inserting ‘‘subsection— 11 ‘‘(A) the term’’; and 12 (B) by adding at the end the following: 13 ‘‘(B) the term ‘minor individual’ means an indi- 14 vidual who is an unemancipated individual who has 15 not attained 18 years of age.’’. 16 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 17 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 18 amended— 19 (1) by redesignating subparagraphs (D) 20 through (S) as subparagraphs (E) through (T), re- 21 spectively; and 22 (2) by inserting after subparagraph (C) the fol- 23 lowing: 24 VerDate Sep 11 2014 00:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S207.IS S207 kjohnson on DSK79L0C42PROD with BILLS 4 •S 207 IS ‘‘(D) Subsections (a)(57) and (w) of sec- 1 tion 1902 (relating to maintenance of written 2 policies and procedures respecting advance di- 3 rectives and parental access to the medical 4 records of minor individuals).’’. 5 (c) EFFECTIVE DATE.— 6 (1) IN GENERAL.—Subject to paragraph (2), 7 the amendments made by this section shall apply to 8 provider agreements entered into or renewed on or 9 after January 1, 2021. 10 (2) EXCEPTION FOR STATE LEGISLATION.—In 11 the case of a State plan under title XIX or XXI of 12 the Social Security Act which the Secretary of 13 Health and Human Services determines requires 14 State legislation (other than legislation appro- 15 priating funds) in order for the plan to meet the ad- 16 ditional requirements imposed by the amendments 17 made by this section, the State plan shall not be re- 18 garded as failing to comply with the requirements of 19 such title solely on the basis of its failure to meet 20 these additional requirements before the first day of 21 the first calendar quarter beginning after the close 22 of the first regular session of the State legislature 23 VerDate Sep 11 2014 00:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S207.IS S207 kjohnson on DSK79L0C42PROD with BILLS 5 •S 207 IS that begins after the date of the enactment of this 1 Act. 2 Æ VerDate Sep 11 2014 00:27 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S207.IS S207 kjohnson on DSK79L0C42PROD with BILLS