House File 2271 - Introduced HOUSE FILE 2271 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HF 2064) A BILL FOR An Act relating to disclosure of the electronic protected 1 health information of a minor to a legal guardian. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5709HV (3) 90 pf/ko

H.F. 2271 Section 1. NEW SECTION . 135.194 Electronic protected health 1 information of minor —— disclosure to legal guardian —— option 2 to provide printed copy. 3 1. A health care provider or facility that maintains 4 or transmits electronic protected health information shall 5 disclose to the legal guardian of a minor the minor’s 6 electronic protected health information, with the following 7 exceptions: 8 a. Electronic protected health information that relates 9 to health care for which the minor is legally authorized to 10 consent without the consent of a legal guardian. 11 b. If disclosure of the electronic protected health 12 information to a legal guardian is otherwise prohibited 13 by state law or federal law, including federal statute, 14 regulation, or centers for disease control and prevention 15 guidelines. 16 2. In lieu of disclosing the minor’s electronic protected 17 health information to the legal guardian of a minor as required 18 pursuant to subsection 1, a health care provider or facility 19 may comply with this section by providing a printed copy of the 20 minor’s electronic protected health information, subject to 21 the exceptions prescribed pursuant to subsection 1, and at no 22 charge to the legal guardian of the minor. 23 3. For the purposes of this section: 24 a. “Disclosure” means the release, transfer, provision of 25 access to, or divulging in any manner of electronic protected 26 health information outside the entity holding the electronic 27 protected health information. 28 b. “Electronic media” means electronic storage material 29 on which data is or may be recorded electronically and 30 transmission media used to exchange information already in 31 electronic storage media. 32 c. “Electronic protected health information” means protected 33 health information that is transmitted or maintained by or in 34 electronic media. 35 -1- LSB 5709HV (3) 90 pf/ko 1/ 3

H.F. 2271 d. “Facility” means a health care delivery system location 1 that provides a range of primary, secondary, and tertiary 2 inpatient, outpatient, and physician services; an institution 3 providing health care services; and any other health care 4 setting including but not limited to a hospital or other 5 licensed inpatient center, ambulatory surgical center 6 or treatment center, skilled nursing center, residential 7 treatment center, diagnostic, laboratory or imaging centers, 8 rehabilitation or other therapeutic health setting, or the 9 private office or clinic of an individual health care provider 10 or group of health care providers. 11 e. “Health care” means care, services, or supplies related 12 to the health of a person and includes but is not limited to: 13 (1) Preventive, diagnostic, therapeutic, rehabilitative, 14 maintenance, or palliative care, and any counseling, service, 15 assessment, or procedure with respect to the physical or mental 16 condition, or functional status of a person, or that affects 17 the structure or function of the body. 18 (2) The sale or dispensing of a drug, device, equipment, or 19 other item in accordance with a prescription. 20 f. “Health care provider” means a physician or osteopathic 21 physician licensed under chapter 148, a physician assistant 22 licensed under chapter 148C, a podiatrist licensed under 23 chapter 149, a chiropractor licensed under chapter 151, a 24 licensed practical nurse, a registered nurse, or an advanced 25 registered nurse practitioner licensed under chapter 152 or 26 152E, a dentist licensed under chapter 153, an optometrist 27 licensed under chapter 154, a pharmacist licensed under chapter 28 155A, or any other person who is licensed, certified, or 29 otherwise authorized or permitted by the law of this state to 30 administer health care in the ordinary course of business or in 31 the practice of a profession. 32 g. “Health information” means health information as defined 33 in 45 C.F.R. §160.103 that is maintained or transmitted by a 34 health care provider or facility. 35 -2- LSB 5709HV (3) 90 pf/ko 2/ 3

H.F. 2271 h. “Legal guardian” means a person appointed by a court as 1 the guardian of a minor pursuant to chapter 633, or the parent 2 or other person responsible for the care of the minor. 3 i. “Protected health information” means protected health 4 information as defined in 45 C.F.R. §160.103 that is maintained 5 or transmitted by a health care provider or facility. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill requires a health care provider or facility that 10 maintains or transmits electronic protected health information 11 (EPHI) to disclose to the legal guardian of a minor the minor’s 12 EPHI, with some exceptions. The exceptions include that the 13 EPHI relates to health care for which the minor is legally 14 authorized to consent without the consent of a legal guardian; 15 or if disclosure of the EPHI to a legal guardian is otherwise 16 prohibited by state or federal law. The bill provides an 17 option for a health care provider or facility to comply with 18 the bill by providing a printed copy of the minor’s EPHI in 19 lieu of the EPHI, at no charge to the legal guardian of the 20 minor. 21 The bill provides definitions used in the bill including 22 “disclosure”, “electronic media”, “electronic protected 23 health information”, “facility”, “health care”, “health 24 care provider”, “health information”, “legal guardian”, and 25 “protected health information”. 26 -3- LSB 5709HV (3) 90 pf/ko 3/ 3