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Social Services

HB1569

Concerning The Right Of A Parent, Guardian, Or Custodian To Be Provided With The Medical Records Of A Child Who Has Been Removed From His Or Her Custody Or Is In The Custody Of The Department Of Human Services.

Introduced

Last Action (March 7, 2023): WITHDRAWN BY AUTHOR

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AI-Generated Summary

House Bill 1569 establishes the legal right of a parent, guardian, or custodian to access the medical records of a child in their care, even if that child has been removed from their custody or is currently in the custody of the Arkansas Department of Human Services (DHS). The bill defines 'medical records' broadly to include hospital, clinic, physician, and other healthcare-related documents, whether in paper or electronic form. It requires healthcare institutions to provide these records upon request to the eligible parent, guardian, or custodian. Furthermore, the bill mandates that the Department of Human Services and any placement entities must execute any necessary consents to facilitate the transfer of these records. Finally, it authorizes courts with jurisdiction over a child to issue orders ensuring compliance with these record-sharing requirements.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are parents, legal guardians, and custodians whose children have been placed in the custody of the Department of Human Services or otherwise removed from their physical care, as they gain clear statutory access to their children's medical histories and treatment information.

Who Might Suffer?

Healthcare providers and administrative staff at medical facilities could be negatively impacted by the potential increase in administrative burden and liability concerns regarding the release of sensitive information, particularly in complex custody cases. Additionally, the Department of Human Services and foster care providers may face increased oversight, procedural requirements, and potential legal challenges related to facilitating the sharing of these records.

Read Full Bill on arkleg.state.ar.us