Parental Right to Know Act

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. Short title This Act may be cited as the Parental Right to Know Act 2. Parental access to medical records disclosure requirements under Medicaid and CHIP (a) Medicaid Section 1902(w) of the Social Security Act ( 42 U.S.C. 1396a(w) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking adult individuals receiving medical care by or through the provider or organization individuals receiving medical care by or through the provider or organization, and in the case of any such individual who is a minor individual (as defined in paragraph (4)(B)), written policies and procedures with respect to the parents and legal guardians of such an individual (B) in subparagraph (A)— (i) in clause (i), by striking , and (ii) in clause (ii), by adding and (iii) by inserting after clause (ii), the following: (iii) the provider's or organization's written policies respecting parental access to the medical records of a minor individual; ; (2) in paragraph (2), by striking adult individual individual, and in the case of a minor individual, to at least 1 parent or legal guardian of the minor individual (3) in paragraph (3), by striking section subsection (4) in paragraph (4)— (A) by striking subsection, the term (A) the term ; and (B) by adding at the end the following: (B) the term minor individual . (b) Application to CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) (1) by redesignating subparagraphs (D) through (S) as subparagraphs (E) through (T), respectively; and (2) by inserting after subparagraph (C) the following: (D) Subsections (a)(57) and (w) of section 1902 (relating to maintenance of written policies and procedures respecting advance directives and parental access to the medical records of minor individuals). . (c) Effective date (1) In general Subject to paragraph (2), the amendments made by this section shall apply to provider agreements entered into or renewed on or after January 1, 2021. (2) Exception for State legislation In the case of a State plan under title XIX or XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.

Summary: Parental Right to Know Act This bill expands the scope of advance directive policies and related disclosures for providers under Medicaid and the Children's Health Insurance Program (CHIP). Specifically, providers (e.g., hospitals, hospice programs, and home health care providers) must have advance directive policies for minors (rather than only adults). Providers must also disclose policies regarding parental access to a minor's medical records.