Tennessee hospitals still violating state law on parents’ access to minors’ medical records

Multiple Tennessee health systems are still withholding teenagers’ medical records from parents despite a new state law requiring parental access.

Public Chapter No. 883, introduced as House Bill 853, expands parents’ rights under the Families’ Rights and Responsibilities Act by guaranteeing access to their minor child’s medical records, including records for treatments that do not require parental consent. Sponsored by Rep. Michele Reneau, R-Signal Mountain, the measure passed the Tennessee Legislature in April and was signed by Gov. Bill Lee in May, taking effect immediately.

To ensure parents have full access to their child’s medical records, Reneau said she narrowed portions of the bill during the legislative process to secure its passage.

“The original bill was broader because I wanted to ensure parents had full access to their child’s medical records and remove statutory conflicts that allowed providers to exclude them,” she said in a statement to The Lion. “As the bill moved through the legislative process, it became clear there were differing legal interpretations and policy concerns. To continue making progress and reach agreement with the Senate, I worked with stakeholders and accepted a narrower version of the bill.”

The law builds on the 2024 Families’ Rights and Responsibilities Act, which sought to reinforce parents’ authority over the medical care and upbringing of their children. According to Reneau, conflicting statutes and existing case law, including provisions related to HIPAA, limited the law’s practical effect.

“The Family Rights Act preserved existing case law, including the HIPAA Privacy Act, and older provisions,” Reneau said. “The courts continued to rely on these inconsistencies and did not recognize the parental access that the Act tried to provide.”

Public Chapter No. 883 clarifies that parents may access the medical, prescription and rehabilitation records of their unemancipated minor children, even when treatment was provided without parental consent under existing Tennessee law. It also requires healthcare providers to notify a parent or guardian if a minor expresses suicidal ideation and is determined to be at risk of attempting suicide.

Vanderbilt updates policy; other systems have not

Vanderbilt Health updated its policy June 1, but other healthcare systems have yet to revise their parental-access policies.

In a statement announcing the change, Vanderbilt asked parents to complete paperwork granting access to their teenager’s patient portal. Once completed, parents may view records for children ages 14-17.

“This change will help parents and guardians stay more closely involved in health care decision-making with their teenagers, more easily complete administrative tasks like paperwork for sports participation and school registration and pay bills for which they may have financial responsibility,” the statement said.

Reneau said she contacted Vanderbilt after a constituent reported being unable to access her child’s records without completing extensive paperwork in person. Vanderbilt later revised its policy.

“I can’t say whether other healthcare systems have policies that conflict with Tennessee law, but Vanderbilt’s policy change demonstrates why clarifying the law is important,” Reneau said. “My hope is that providers across the state will review their policies, so families are treated consistently.”

Vanderbilt Health declined to comment.

Other Tennessee healthcare providers have not updated their published policies.

TriStar Health’s MyHealthONE portal still states that 13-year-old patients must consent before parents can access their records.

The University of Tennessee Medical Center’s website says patients receive their own portal access at age 14. It also states patients ages 14-17 have their own portal access but no proxy access for parents, while patients 18 and older may authorize proxies.

Before Public Chapter No. 883 took effect, those policies may have been consistent with prior interpretations of privacy law. Under the new statute, however, parents must be allowed access to their minor child’s medical records.

Reneau said additional work remains to strengthen parents’ rights in healthcare.

“Ultimately, this legislation is about restoring clarity and consistency,” she said. “Parents are legally responsible for their children’s health, safety and well-being. While this bill is not the final word on parental rights in healthcare, it is an important step toward ensuring Tennessee law reflects the principle that parents should not be left in the dark when it comes to their child’s medical care.”