HB 259

Enrolled Copy  H.B. 259
1Parental Access to Children's Medical Records Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Michael J. Petersen
  Senate Sponsor: Brady Brammer
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to parent access to a minor's medical record.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ specifies that a parent has the right to access their child's medical record;
10      ▸ requires a health care facility to ensure that a child's parent has access to the child's
11  electronic health record unless certain circumstances are met;
12      ▸ requires an electronic medical record system vendor to ensure a health care facility can
13  provide access to parents;
14      ▸ authorizes the attorney general's office to bring enforcement actions; and
15      ▸ requires a health care facility to provide medical records free of charge under certain
16  circumstances.
17  Money Appropriated in this Bill:
18      None
19  Other Special Clauses:
20      None
21  Utah Code Sections Affected:
22  AMENDS:
23      26B-1-335, as last amended by Laws of Utah 2024, Chapter 268
24  ENACTS:
25      26B-2-244, Utah Code Annotated 1953
26
27  Be it enacted by the Legislature of the state of Utah:
H.B. 259  Enrolled Copy
28Section 1. Section 26B-1-335 is amended to read:
2926B-1-335 . Division of Services for People with Disabilities Restricted Account.
30   (1) As used in this section, "account" means the Division of Services for People with
31Disabilities Restricted Account created in Subsection (2).
32   (2) There is created a restricted account within the General Fund known as the "Division of
33Services for People with Disabilities Restricted Account."
34   (3) The account consists of:
35(a) carry forward funds from the division's budget; [and]
36(b) unexpended balances lapsed to the account from the division's budget[.] ; and
37(c) fines paid under Section 26B-2-244.
38   (4) At the close of a fiscal year, the division may, without an appropriation, deposit into the
39account carry forward funds described in Subsection (3).
40   (5) Subject to appropriation, the Department of Health and Human Services may expend
41funds from the account to serve individuals eligible for division services statewide.
42Section 2. Section 26B-2-244 is enacted to read:
4326B-2-244 . Medical record access for children.
44   (1) As used in this section:
45(a) "Child" means an individual under the age of 18 years old.
46(b) "Electronic medical record system" means an electronic system for maintaining
47medical records in a clinical setting.
48(c) "EMRS vendor" means the vendor of an electronic medical record management
49system.
50(d) "Health care system" means an entity that owns two or more health care facilities.
51(e) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
52Pub. L. No. 104-191, 110 Stat. 1936, as amended.
53(f) "Parent" means an individual who has a parent-child relationship, as defined in
54Section 81-5-102, with the child.
55   (2) A parent has the right to obtain and access the medical records that pertain to the
56parent's child unless:
57(a) the parent's parental rights have been terminated;
58(b) the child is emancipated or legally married;
59(c) required by a court order; or
60(d) the medical record relates to sexual assault counseling in accordance with Section
6177-38-204.
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Enrolled Copy  H.B. 259
62  (3)(a) Subject to Subsection (3)(b), a health care facility may not restrict a parent's
63      access to the electronic medical record of the parent's child.
64      (b) A health care facility may:
65(i) restrict a parent's access to an electronic medical record of the parent's child for a
66reason described in Subsection (2); and
67(ii) only restrict access to the portion of the electronic medical record that would be
68restricted under Subsection (2).
69  (4) An EMRS vendor providing an electronic medical record system for a health care
70      facility shall ensure the electronic medical record system provided to the health care
71      facility is capable of being modified by the health care facility to comply with
72      Subsection (3).
73  (5)(a) Subject to Subsection (5)(f), a health care facility in violation of Subsection (3) is
74      subject to a $1,000 civil fine for each day the health care facility does not comply
75      with Subsection (3) after December 31, 2027.
76      (b) An EMRS vendor in violation of Subsection (4) is subject to a $1,000 civil fine for
77each day the EMRS vendor's electronic medical record system does not comply with
78Subsection (4) after December 31, 2027.
79      (c) The attorney general may bring a civil action against a health care facility or EMRS
80vendor to enforce this section.
81      (d) In enforcing this section, the attorney general may issue subpoenas in investigating a
82potential violation.
83      (e) A court shall award attorney fees to the attorney general if the attorney general is
84successful in an enforcement action described in this section.
85      (f) If two or more health care facilities are owned by a health care system and not in
86compliance with Subsection (3), the civil fine described in Subsection (5)(a) shall be
87assessed against the health care system for each day of noncompliance as if the health
88care facilities were a single health care facility.
89  (6)(a) A health care facility shall:
90(i) provide a notice to any parent that is unable to access a part of an electronic
91medical record if:
92(A) the electronic medical record system is unable to provide the parent access;
93and
94(B) the parent is not otherwise precluded from access to the records under HIPAA
95or Subsection (2); and
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 H.B. 259  Enrolled Copy
96(ii) upon request, provide the parent medical records.
97(b) A health care facility shall provide records under Subsection (6)(a):
98(i) without charge; and
99(ii) within five business days of the day on which the health care facility receives the
100request.
101(c) A health care facility that fails to provide records in accordance with this Subsection
102(6) is subject to a $1,000 civil fine per record.
103(d) The notice described in Subsection (6)(a)(i) shall state the following "If your child's
104medical records are not visible, click here to request them. They must be provided
105within five business days or a $1,000 fine applies per Utah Code Section 26B-2-244."
106   (7) A fine collected under this section shall be deposited into the fund described in Section
10726B-1-335.
108   (8) Subsections (3) through (7) do not apply to the Utah State Hospital.
109Section 3. Effective Date.
110   This bill takes effect on May 6, 2026.
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