Senate Bill 2469

AN ACT TO AMEND SECTION 41-10-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR ITS AGENT(S), OR ANY COMBINATION THEREOF, OR MEDICAL STAFF OF A SCHOOL SHALL NOT WITHHOLD MEDICAL RECORDS FROM A PARENT OR GUARDIAN OF AN UNEMANCIPATED MINOR UNDER 18 YEARS OF AGE OR REQUIRE A PARENT OR GUARDIAN TO RECEIVE THE CONSENT OF AN UNEMANCIPATED MINOR UNDER EIGHTEEN (18) YEARS OF AGE TO BE GRANTED ACCESS TO THE MINOR'S MEDICAL RECORDS; TO PROVIDE THAT A PARENT OR GUARDIAN MAY BRING SUIT FOR ANY VIOLATION OF THE ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-10-5, Mississippi Code of 1972, is amended as follows:

41-10-5. (1) A health care provider or its agent(s), or both, shall provide medical records and billing records that are in their possession or custody to the patient who is the subject of the records or the patient's representative within thirty (30) days from the date a valid request from the patient or the patient's representative is received by the health care provider or its agent(s). As used in this section, the term "medical records" shall have the same meaning as defined in Section 41-10-3(1).

(2) A health care provider, health care facility or its agent(s), or any combination thereof, or medical staff of a school, shall not:

(a) Withhold medical records from a parent or guardian of an unemancipated minor under eighteen (18) years of age; or

(b) Require a parent or guardian to receive the consent of an unemancipated minor under eighteen (18) years of age to be granted access to the minor's medical records.

For purposes of this section, "medical records" shall include all medical records in the possession of the health care provider, health care facility, or school, including any medical records that are accessed electronically. The term "health care provider," when used in this section, shall have the same meaning as ascribed in Section 83-47-3. The term "health care facility," when used in this section, shall have the same meaning as ascribed in Section 83-47-3.

(3) A parent or guardian may bring suit for any violation of subsection (2) of this section and obtain compensatory damages, punitive damages, injunctive relief, declaratory relief or any other appropriate relief. Such claim may be brought against any health care provider, health care facility or any combination thereof, that caused or contributed to a violation of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.