HIPAA Rules Regarding the Parents of Minors
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that defines rights for medical patients. Among these rights are guarantees of privacy and security, which are afforded to all patients who are able to give consent. HIPAA includes provisions for parents of minor children (children under the age of 18) that allow parents to view, amend and access their children's health records.
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Privacy Rule
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According to the University of Miami's Privacy and Data Protection Project, HIPAA allows anyone who has the right to make a medical decision to have access to view, edit and manage information related to that decision. HIPAA states that parents have the right to make health decisions for children under the age of 18, with certain exceptions.The law considers parents "personal representatives" for their minor children and allows parents access to their children's "protected health information."
State Law Exception
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HIPAA states that parents do not have access to their minor child's health information if state law does not require parental consent for a specific health procedure. For instance, if state law does not require parental consent for HIV testing for minors, then a parent would not have access to that child's HIV testing records. Also, state law overrides HIPAA on issues of consent, and state law may bar parental access for a record or procedure that would be permitted under HIPAA. For instance, if state law allowed children over 15 to make decisions on prescription drugs, parents would not be allowed access to their 15-year-old child's prescription drug records.
Court Order
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A parent does not have access to a minor child's health information if a court declares that the parent should not have access. This can happen as a result of parental abuse, custody change or emancipation, among other reasons. Court orders usually are specific about the access situation and who may access the records.
Confidential Agreement
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According to the University of Miami's Privacy and Data Protection Project, HIPAA states that a parent no longer has access to a minor's health records if the parent, child and health care provider agree to a confidential health relationship between the minor and provider. This agreement could place, for example, among a parent, teenager and family doctor.
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