BILL ANALYSIS

Senate Research Center	S.B. 826
88R8767 LRM-D	By: Hughes
	Health & Human Services
	4/14/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, healthcare entities often notify parents that they cannot access medical records of their children electronically and fail to mention how parents can access these records.

Certain entities restrict electronic parental access to health records and require parents to contact them directly to gain access to their child's medical records. Parents of minors have the right to their children's medical records and should be given the instruction necessary to access them.

S.B. 826 simply alerts parents regarding how to access the information they already have the right to see. S.B. 826 requires healthcare entities to provide instruction to parents of minors who have medical records through an electronic health record system on how to access those medical records. S.B. 826 amends Section 181.102, Health and Safety Code, to require entities that restrict electronic health records to notify parents every six months with instructions on how to access their child's health records.

As proposed, S.B. 826 amends current law relating to notice regarding a parent's access to the health records of certain children.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 181.102, Health and Safety Code, by adding Subsection (d), as follows:

(d) Requires a covered entity that restricts through an electronic health records system a parent's access to the electronic health records of a child who is 13 years of age or older to notify the parent in writing that the parent is authorized to access the child's records by contacting the covered entity. Requires the covered entity to provide the notification every six months and include in the notification the telephone number, e-mail address, and mailing address of the division of the covered entity that maintains the records.

SECTION 2. Effective date: September 1, 2023.