A medical privacy law that allows patients to tell health insurance companies to shield sensitive health information from policyholders cleared its final legislative hurdle Monday, passing the Senate 17 to 14.
All Republicans in both chambers opposed the bill, with only Sen. Betsy Johnson of Scappoose, defecting from the Democratic caucus.
House BIll 2758 gives patients the ability to have explanation of benefits containing their medical information, such as tests and details about their visits, sent to a special address or to a personal electronic mail account, rather than show up in the policyholder’s mailbox. It’s designed to allow patients to keep such information to themselves, and not have it inadvertently shared with parents or estranged spouses.
“People should be able to access the medical care that they need … without other people knowing their business,” said Sen. Elizabeth Steiner Hayward, D-Portland, who used the example of a 14-year-old who might be afraid to seek mental health care if her parents knew about it.
HB 2758 does not affect the age of medical consent, which state law sets for most medical care at age 15; there are no age restrictions for children who wish to receive mental health counseling or treatment.
“It prevents those protections that already exist in our laws from being sabotaged by the issuance of, sometimes weeks later, of explanation of benefits,” said Sen. Ginny Burdick, D-Portland.
But Republicans in both chambers opposed creating new interventions between children and parents. “This proposed law would circumvent parental rights,” said Sen. Jeff Kruse, R-Roseburg, echoing his colleagues in the House. “Legislation that allows things to happen to children without their parents’ knowledge is the absolutely wrong way to go.”
Kruse proposed an amendment on the Senate floor that would have limited the policy to those 18 and older, while allowing limited exceptions to children who might be endangered by the disclosure.
Sen. Bill Hansell, R-Pendleton, argued that a real-world effect of HB 2758 would be to open opportunities for teenage athletes to hide their injuries from their parents so they could continue playing sports.
Mary Nolan, the interim director of Planned Parenthood Advocates of Oregon, called this argument a red herring. A physician treating a teenager would ethically look after the patient’s best interests, and involve the parents when appropriate.
Steiner Hayward also noted that the Legislature has passed laws requiring juvenile athletes to get medical clearance if there was a suspicion of a concussion.
The Republicans didn’t mention the subject, but looming over the discussion was the issue of reproductive rights of teenagers. Steiner Hayward pointed out that Oregon residents have voted down measures that would have prevented underage girls from receiving abortions without parental notification or consent.
