II 

117TH CONGRESS 

1ST SESSION S. 207 

To amend titles XIX and XXI of the Social Security Act to require hospitals 

and certain other participating providers 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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2021 

Mr. LEE (for himself, Mr. TILLIS, Mr. BRAUN, and Mr. LANKFORD) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend titles XIX and XXI of the Social Security Act 

to require hospitals and certain other participating providers 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Parental Right to 

5 Know Act’’. 


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1 SEC. 2. PARENTAL ACCESS TO MEDICAL RECORDS DISCLO2 SURE REQUIREMENTS UNDER MEDICAID AND 

3 CHIP. 

4 (a) MEDICAID.—Section 1902(w) of the Social Secu5 rity Act (42 U.S.C. 1396a(w)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘adult individuals receiving 

9 medical care by or through the provider or or10 ganization’’ and inserting ‘‘individuals receiving 

11 medical care by or through the provider or or12 ganization, and in the case of any such indi13 vidual who is a minor individual (as defined in 

14 paragraph (4)(B)), written policies and proce15 dures with respect to the parents and legal 

16 guardians of such an individual’’; and 

17 (B) in subparagraph (A)— 

18 (i) in clause (i), by striking ‘‘, and’’ 

19 and inserting a semicolon; 

20 (ii) in clause (ii), by adding ‘‘and’’ 

21 after the semicolon; and 

22 (iii) by inserting after clause (ii), the 

23 following: 

24 ‘‘(iii) the provider’s or organization’s 

25 written policies respecting parental access 


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1 to the medical records of a minor indi2 vidual;’’; 

3 (2) in paragraph (2), by striking ‘‘adult indi4 vidual’’ and inserting ‘‘individual, and in the case of 

5 a minor individual, to at least 1 parent or legal 

6 guardian of the minor individual’’; 

7 (3) in paragraph (3), by striking ‘‘section’’ and 

8 inserting ‘‘subsection’’; and 

9 (4) in paragraph (4)— 

10 (A) by striking ‘‘subsection, the term’’ and 

11 inserting ‘‘subsection— 

12 ‘‘(A) the term’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(B) the term ‘minor individual’ means an indi15 vidual who is an unemancipated individual who has 

16 not attained 18 years of age.’’. 

17 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 

18 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 

19 amended— 

20 (1) by redesignating subparagraphs (D) 

21 through (S) as subparagraphs (E) through (T), re22 spectively; and 

23 (2) by inserting after subparagraph (C) the fol24 lowing: 


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1 ‘‘(D) Subsections (a)(57) and (w) of sec2 tion 1902 (relating to maintenance of written 

3 policies and procedures respecting advance di4 rectives and parental access to the medical 

5 records of minor individuals).’’. 

6 (c) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 the amendments made by this section shall apply to 

9 provider agreements entered into or renewed on or 

10 after January 1, 2021. 

11 (2) EXCEPTION FOR STATE LEGISLATION.—In 

12 the case of a State plan under title XIX or XXI of 

13 the Social Security Act which the Secretary of 

14 Health and Human Services determines requires 

15 State legislation (other than legislation appro16 priating funds) in order for the plan to meet the ad17 ditional requirements imposed by the amendments 

18 made by this section, the State plan shall not be re19 garded as failing to comply with the requirements of 

20 such title solely on the basis of its failure to meet 

21 these additional requirements before the first day of 

22 the first calendar quarter beginning after the close 

23 of the first regular session of the State legislature 


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1 that begins after the date of the enactment of this 

2 Act. 

Æ 


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