H.F. 2064 Section 1. NEW SECTION . 135.194 Electronic protected health 1 information of minor —— disclosure to legal guardian. 2 1. A health care provider or facility that maintains 3 or transmits electronic protected health information shall 4 disclose to the legal guardian of a minor the minor’s 5 electronic protected health information, with the following 6 exceptions: 7 a. Electronic protected health information that relates 8 to health care for which the minor is legally authorized to 9 consent without the consent of a legal guardian. 10 b. If disclosure of the electronic protected health 11 information to a legal guardian is otherwise prohibited 12 by state law or federal law, including federal statute, 13 regulation, or centers for disease control and prevention 14 guidelines. 15 2. For the purposes of this section: 16 a. “Disclosure” means the release, transfer, provision of 17 access to, or divulging in any manner of electronic protected 18 health information outside the entity holding the electronic 19 protected health information. 20 b. “Electronic media” means electronic storage material 21 on which data is or may be recorded electronically and 22 transmission media used to exchange information already in 23 electronic storage media. 24 c. “Electronic protected health information” means protected 25 health information that is transmitted or maintained by or in 26 electronic media. 27 d. “Facility” means a health care delivery system location 28 that provides a range of primary, secondary, and tertiary 29 inpatient, outpatient, and physician services; an institution 30 providing health care services; and any other health care 31 setting including but not limited to a hospital or other 32 licensed inpatient center, ambulatory surgical center 33 or treatment center, skilled nursing center, residential 34 treatment center, diagnostic, laboratory or imaging centers, 35 -1- LSB 5709YH (4) 90 pf/ko 1/ 3

H.F. 2064 rehabilitation or other therapeutic health setting, or the 1 private office or clinic of an individual health care provider 2 or group of health care providers. 3 e. “Health care” means care, services, or supplies related 4 to the health of a person and includes but is not limited to: 5 (1) Preventive, diagnostic, therapeutic, rehabilitative, 6 maintenance, or palliative care, and any counseling, service, 7 assessment, or procedure with respect to the physical or mental 8 condition, or functional status of a person, or that affects 9 the structure or function of the body. 10 (2) The sale or dispensing of a drug, device, equipment, or 11 other item in accordance with a prescription. 12 f. “Health care provider” means a physician or osteopathic 13 physician licensed under chapter 148, a physician assistant 14 licensed under chapter 148C, a podiatrist licensed under 15 chapter 149, a chiropractor licensed under chapter 151, a 16 licensed practical nurse, a registered nurse, or an advanced 17 registered nurse practitioner licensed under chapter 152 or 18 152E, a dentist licensed under chapter 153, an optometrist 19 licensed under chapter 154, a pharmacist licensed under chapter 20 155A, or any other person who is licensed, certified, or 21 otherwise authorized or permitted by the law of this state to 22 administer health care in the ordinary course of business or in 23 the practice of a profession. 24 g. “Health information” means health information as defined 25 in 45 C.F.R. §160.103 that is maintained or transmitted by a 26 health care provider or facility. 27 h. “Legal guardian” means a person appointed by a court as 28 the guardian of a minor pursuant to chapter 633, or the parent 29 or other person responsible for the care of the minor. 30 i. “Protected health information” means protected health 31 information as defined in 45 C.F.R. §160.103 that is maintained 32 or transmitted by a health care provider or facility. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 5709YH (4) 90 pf/ko 2/ 3

H.F. 2064 the explanation’s substance by the members of the general assembly. 1 This bill requires a health care provider or facility that 2 maintains or transmits electronic protected health information 3 (EPHI) to disclose to the legal guardian of a minor the minor’s 4 EPHI, with some exceptions. The exceptions include that the 5 EPHI relates to health care for which the minor is legally 6 authorized to consent without the consent of a legal guardian; 7 or if disclosure of the EPHI to a legal guardian is otherwise 8 prohibited by state or federal law. 9 The bill provides definitions used in the bill including 10 “disclosure”, “electronic media”, “electronic protected 11 health information”, “facility”, “health care”, “health 12 care provider”, “health information”, “legal guardian”, and 13 “protected health information”. 14 -3- LSB 5709YH (4) 90 pf/ko 3/ 3