By Ralph Sitler III, JD--As all medical providers know, an extensive knowledge of HIPAA and its various regulations is key to a successful and compliant practice. Maintaining confidentiality of your patients and their health information should always be foremost in your thoughts when you are running your practice. However, some areas of HIPAA can prove to be confusing. One of these areas concerns the confidentiality provisions for minors and the ability of their parents to access their protected health information. This article will give an overview of applicable provisions to help clarify this topic and help keep your practice compliant.
A recent study showed that minors are more likely than adults to have their confidentiality under HIPAA breached. This is typically because of the confusion that providers have over the rules that HIPAA lays out for the special situation that applies to minors. The pertinent section of HIPAA is Section 162.502(g). This section states that a parent is considered the personal representative of a minor for the purposes of HIPAA. However, there are three exceptions laid out in the regulations where this rule is suspended.
The first involves a situation where state law does not require parental consent for the minor to receive a specific health treatment. An example may aid in illustrating this point. In Michigan, for instance, a minor may consent to substance abuse care without the consent of their parent or guardian. Therefore, under HIPAA, the minor becomes the holder of the right to their medical records concerning this care, and release of these records to their parents is prohibited unless the minor gives consent to their medical provider. However, there is an exception to this exception in Michigan. A provider has the discretion to release or withhold the minor’s health records in this example for medical reasons only. This exception is left up to the professional judgment of the attending provider.
The second and third exceptions involve more specialized cases. The second involves situations where a court determines that a person other than the parent is authorized to make treatment decisions for a minor. The court can decide to give this responsibility to another adult other than the parent, the minor, or the court itself. The third situation is where a parent consents to a confidential relationship between the doctor and the minor. An example of this would be where a minor would like to discuss a medical condition in confidence with their doctor and the parent agrees to have such communication between the doctor and the minor patient to remain confidential.
Knowing HIPAA compliance as it pertains to minors’ rights will help your practice keep compliant and will aid in fostering good relationships with your minor patients and their parents.
This article is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
Ralph Sitler III is Counsel for Medical Billing Resources, Inc. He received his Juris Doctor from University of Detroit-Mercy and his Bachelor of Laws from University of Windsor.
