Ohio bill grants parents greater access to children’s medical records

Lawmakers in Ohio have voted in favor of a bill that expands parental access to minors’ medical records, raising new questions about how it aligns with federal privacy law.

What happened

The Ohio House has passed House Bill 162, known as the “My Child–My Chart Act,” requiring healthcare providers to give parents access to their children’s medical records to the fullest extent allowed under federal law. The bill, sponsored by Rep. Gary Click (R–Vickery), seeks to address frustrations parents have faced when denied access to online medical portals such as MyChart.

Under current law, certain services such as blood donations, rape kits, and specific medical tests can be obtained by minors without parental consent. Those protections are governed by the federal Health Insurance Portability and Accountability Act (HIPAA), which limits what state law can override.

Going deeper

Click acknowledged that the bill required careful drafting to avoid conflict with federal HIPAA regulations. He cited cases from constituents where parents were denied access to vital records one involving a surprise medical bill that led to debt collection, and another where a parent couldn’t schedule their child’s urgent surgery. “Now they will at least know, and they will be able to act appropriately and accordingly,” Click said.

All Republicans and most Democrats supported the measure. However, Rep. Anita Somani (D–Dublin), a physician, opposed it. Somani expressed concern that the bill’s language could inadvertently compel healthcare providers to violate federal privacy laws. “I’m concerned that parts of this bill might unintentionally be asking providers to put themselves in danger of violating HIPAA privacy rules,” she said.

The bill passed with bipartisan support but six Democrats voted against it. It now moves to the Ohio Senate for consideration.

What was said

Rep. Click stated that the goal of the legislation is to improve transparency and reduce administrative barriers for families. He described the measure as an attempt to “thread the needle” between parental rights and federal privacy protections. Opponents, meanwhile, argue that the legislation could create legal uncertainty for providers caught between state requirements and federal compliance obligations.

The big picture

According to The Delaware Gazette, supporters of the “My Child–My Chart Act” argue that the legislation restores what they see as common-sense parental rights. “Children cannot get pierced ears, tattoos, or tanning without parental permission, but pediatricians can hide the medical records of children from their own parents? That’s unacceptable. This bill is a no-brainer,” said Rep. Brian Lear. The measure requires healthcare providers using electronic health record systems to ensure that parents or guardians have access to their minor child’s medical information “to the fullest extent permitted” under both the federal HIPAA Privacy Rule and Ohio law.

FAQs

What does the “My Child–My Chart Act” specifically require?

The bill mandates that healthcare providers grant parents access to their minor child’s medical records through electronic systems or other means, unless restricted by federal law.

How does HIPAA limit state legislation like this?

HIPAA sets federal privacy standards that protect certain categories of medical information, meaning states cannot pass laws that directly contradict those federal protections.

Could healthcare providers face penalties under HIPAA if they comply with this bill?

Potentially, yes. If a provider discloses information protected under HIPAA due to state law, they could risk noncompliance unless federal guidance or legal clarification is provided.

What happens next with House Bill 162?

The bill now advances to the Ohio Senate, where it must pass before it can be signed into law by the governor.

How might this affect electronic health record systems like MyChart?

Providers may need to update access settings and protocols in patient portals to reflect the new legal requirements, ensuring parental access aligns with both state and federal law.