New Hampshire House Bill HB1245

New Hampshire 2024 Regular Session

• Introduced: 12/1/23
• Refer: 12/1/23
• Report Pass: 2/1/24
• Engrossed: 2/26/24
• Refer: 2/26/24
• Report Pass: 5/15/24
• Enrolled: 7/15/24
• Chaptered: 7/30/24
• Passed: 7/30/24

Caption

Relative to release of confidential records of a person appointed a guardian and relative to patient access to medical records.

Impact

The implications of HB 1245 are profound, as it aims to protect the rights of wards by allowing them better access to their confidential records. By amending existing statutes, this bill not only enhances individual privacy rights but also attempts to clarify the responsibilities of guardians concerning the access and release of these records. It emphasizes that guardians must provide requested records within ten days unless specific court orders dictate otherwise. This adjustment is expected to improve transparency and accountability in the guardianship process, particularly concerning medical and financial information.

Summary

House Bill 1245 introduces significant changes regarding the management of confidential records for individuals under guardianship. Primarily, it stipulates that a person appointed as a guardian retains the right to access and consent to the release of their records unless expressly stated otherwise in the guardianship terms. This legislation aims to ensure that individuals who are incapacitated still maintain certain legal rights and access to their private information, including medical records, aligning the guardianship laws with contemporary understandings of patient autonomy and confidentiality.

Contention

While the bill has garnered support for safeguarding patient confidentiality and autonomy, there are points of contention among stakeholders regarding the balance of power between guardians and the wards. Critics argue that while transparency is commendable, ensuring that wards can access their records may not always align with their best interests, particularly in delicate circumstances where mental capacity could influence decision-making. Therefore, additional scrutiny and court oversight may be necessary to assess the context in which access to such records is granted, ensuring the wellbeing of the wards is not compromised.