Does the HIPAA Privacy Rule allow parents the right to see their children’s medical records?

Answer:

Generally, yes, but not in every situation. The HIPAA Privacy Rule usually treats a parent as the personal representative for a minor child, which allows access to the child’s medical record when that access is not inconsistent with state or other law.

There are three common situations where the parent may not be treated as the minor’s personal representative:

1. When the minor consents to care and parent consent is not required under state or other applicable law.
2. When the minor receives care at the direction of a court or someone appointed by the court.
3. When the parent agrees that the minor and provider may have a confidential relationship.

Access may also be denied when law prohibits it, or when a provider believes that treating the parent as the representative could endanger the child because of domestic violence, abuse, neglect, or similar concerns.

Source: HHS.gov

Why don’t parents have unlimited access to their children’s medical records?

Answer:

Adolescents may be allowed to receive confidential health care in specific circumstances. Privacy protections exist because some minors may avoid needed care if they cannot receive it confidentially.

In Alabama, minors may consent to certain services, including:

• Contraceptive services
• STI services
• Prenatal care
• Adoption
• Medical care for the minor’s child

Alabama law also allows minors age 14 and older to consent to medical care for themselves.

Source: Guttmacher Institute

What does this mean for Fort Payne Pediatrics and you?

Answer:

When an adolescent is allowed to consent to health care, information related to that care is usually confidential. A minor child may need to sign releases of information involving their medical record when:

• The minor is 14 or older.
• The minor has requested confidential services.
• The minor is pregnant.
• The minor is seeking services related to pregnancy, venereal disease, drug dependency, alcohol toxicity, or reportable diseases.
• The medical care is court ordered.

In these situations, if a parent needs access to the child’s medical records, the child may need to provide signed consent. Please contact the office so staff can help with the correct release process.

Source: Guttmacher Institute