CHARLESTON, WV (WCHS) — West Virginia House Bill 2402 seeks to improve access to medical records for minors and children in state custody. The bill’s lead sponsor, Del. Adam Burkhammer, R-Lewis, stated that there are sometimes too many barriers to obtaining those records.
“What we’re trying to do is bring clarity to our health care providers across the state that they can allow parents access to their children’s medical records without a bunch of hoops to jump through and a bunch of permissions,” Burkhammer told the newspaper.
The bill states that parents, legal guardians, foster parents, or kinship placements cannot be denied access to their minor child’s medical records unless the court restricts access or the minor is emancipated, married, or has graduated from high school.
“We believe that’s the best option for parents. “We help parents here in West Virginia,” Burkhammer explained. “We want them working or taking care of their family.”
Some delegates advocated for restricting access to medical records in certain cases. Del. Hollis Lewis, D-Kanawha, is concerned about children who have experienced abuse.
“I think it is flawed particularly in situations where you have a parent or guardian who is accused or alleged of some sort of abuse or neglect,” according to Lewis.
Others, such as Del. Anitra Hamilton, D-Monongalia, are concerned about minors who are afraid to speak out about certain health issues.
“It will create a barrier for our teens. It will create a barrier for adolescents, causing them to refrain from seeking medical advice. “They will seek counsel from others,” she stated.
Burkhammer believes that these arguments divert attention away from what the bill actually accomplishes.
“We’re just trying to make it clear that we support parents. “We want parents involved in their children’s lives,” he stated. “This is a step that just gives them access to those medical records and encourage them to access them.”
