New Jersey Senate Bill S2296

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Requires parents and guardians be provided access to medical records of minor patients; provides immunity to health care facilities and professionals that provide access to records.

Impact

The implementation of S2296 will modify the existing framework governing parental access to minor patients' medical records by overriding provisions in HIPAA that restrict such access in certain scenarios. The bill stipulates that health care facilities and professionals are immune from civil or criminal liability when providing access to these records, unless there is gross negligence or willful misconduct. This immunity can encourage more transparency in the medical process for families, promoting better health management and accountability.

Summary

S2296 is a legislative bill introduced in New Jersey that seeks to amend existing laws regarding the access to medical records of minor patients. The central tenet of the bill is that parents or guardians of unemancipated minors, specifically those under the age of 18, should be granted access to their children's medical records without requiring consent from the minors. This is framed as a measure to enhance parental oversight in medical decision-making, contrasting with current federal standards under HIPAA where such access can be limited depending on the circumstances of the child's treatment.

Contention

While some advocate for the bill as a step toward enhancing parental rights in children's healthcare, it raises concerns regarding the confidential nature of minors' healthcare rights, particularly surrounding sensitive medical situations such as mental health issues or sexual assault. Critics argue that the bill could undermine the important autonomy of minors in seeking treatment without parental influence or oversight, potentially discouraging them from accessing necessary care. The balance between parental rights and the privacy rights of minor patients continues to be a point of significant debate in legislative discussions surrounding this bill.