Bill Text: IA HF2271 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to disclosure of the electronic protected health information of a minor to a legal guardian.(Formerly HF 2064.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-03-06 - Subcommittee recommends passage. []. [HF2271 Detail]
Download: Iowa-2023-HF2271-Introduced.html
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
