HIPAA and minors
Does the HIPAA Privacy Rule allow parents the right to see their children’s medical records?
There are three situations when the parent would not be the minor’s personal representative under the Privacy Rule. These exceptions are:
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When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law; -
When the minor obtains care at the direction of a court or a person appointed by the court; and -
When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.
Finally, as is the case with respect to all personal representatives under the Privacy Rule, a provider may choose not to treat a parent as a personal representative when the provider reasonably believes, in his or her professional judgment, that the child has been or may be subjected to domestic violence, abuse or neglect, or that treating the parent as the child’s personal representative could endanger the child.
Why don't parents have unlimited access to their children’s medical records?
Answer:
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Contraceptive Services -
STI Services -
Prenatal Care -
Adoption -
Medical Care for Minor's Child
What does this mean for Smart Start Pediatrics and you?
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The minor is 14 or older -
The minor has requested confidential services -
The minor is pregnant -
The minor is seeking health services to determine or treat pregnancy, venereal disease, drug dependency, alcohol toxicity, or other diseases that must be reported to the state Board of Health -
The medical care is court-ordered