Parental Right to Know Act

II 116TH CONGRESS 1ST SESSION S. 3137 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 DECEMBER 19, 2019 Mr. LEE (for himself, Mr. LANKFORD, Mr. CRAMER, and Mr. BRAUN) 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 18:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3137.IS S3137 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3137 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 ‘‘For purposes of’’ and all that 8 follows through ‘‘adult individuals’’ and insert- 9 ing ‘‘For purposes of subsection (a)(57) and 10 sections 1903(m)(1)(A) and 1919(c)(2)(E), the 11 requirements of this subsection are that a pro- 12 vider or organization (as the case may be) 13 maintain written policies and procedures with 14 respect to all individuals, and in the case of any 15 minor individuals (as defined in paragraph 16 (4)(B)) with respect to the parents and legal 17 guardians of such individuals,’’; and 18 (B) in subparagraph (A)— 19 (i) in clause (i), by striking ‘‘, and’’ 20 and inserting a semicolon; 21 (ii) in clause (ii), by adding ‘‘and’’ 22 after the semicolon; and 23 (iii) by inserting after clause (ii), the 24 following: 25 VerDate Sep 11 2014 18:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3137.IS S3137 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3137 IS ‘‘(iii) the provider’s or organization’s 1 written policies respecting parental access 2 to the medical records of a minor indi- 3 vidual;’’; 4 (2) in paragraph (2), by striking ‘‘adult indi- 5 vidual’’ and inserting ‘‘individual, and in the case of 6 a minor individual, to at least 1 parent or legal 7 guardian of the minor individual’’; 8 (3) in paragraph (3), by striking ‘‘section’’ and 9 inserting ‘‘subsection’’; and 10 (4) in paragraph (4)— 11 (A) by striking ‘‘subsection, the term’’ and 12 inserting ‘‘subsection— 13 ‘‘(A) the term’’; and 14 (B) by adding at the end the following: 15 ‘‘(B) the term ‘minor individual’ means an indi- 16 vidual who is an unemancipated individual who has 17 not attained 18 years of age.’’. 18 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 19 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 20 amended— 21 (1) by redesignating subparagraphs (D) 22 through (S) as subparagraphs (E) through (T), re- 23 spectively; and 24 VerDate Sep 11 2014 18:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3137.IS S3137 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3137 IS (2) by inserting after subparagraph (C) the fol- 1 lowing: 2 ‘‘(D) Subsections (a)(57) and (w) of sec- 3 tion 1902 (relating to maintenance of written 4 policies and procedures respecting advance di- 5 rectives and parental access to the medical 6 records of minor individuals).’’. 7 (c) EFFECTIVE DATE.— 8 (1) IN GENERAL.—Subject to paragraph (2), 9 the amendments made by this section shall apply to 10 provider agreements entered into or renewed on or 11 after January 1, 2020. 12 (2) EXCEPTION FOR STATE LEGISLATION.—In 13 the case of a State plan under title XIX or XXI of 14 the Social Security Act which the Secretary of 15 Health and Human Services determines requires 16 State legislation (other than legislation appro- 17 priating funds) in order for the plan to meet the ad- 18 ditional requirements imposed by the amendments 19 made by this section, the State plan shall not be re- 20 garded as failing to comply with the requirements of 21 such title solely on the basis of its failure to meet 22 these additional requirements before the first day of 23 the first calendar quarter beginning after the close 24 of the first regular session of the State legislature 25 VerDate Sep 11 2014 18:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3137.IS S3137 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3137 IS that begins after the date of the enactment of this 1 Act. 2 Æ VerDate Sep 11 2014 18:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3137.IS S3137 pamtmann on DSKBC07HB2PROD with BILLS