Parents trump kids' privacy

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GOVERNMENT & MEDICINE

Parents have the right to see their children's medical records -- with a few exceptions.

By Joel B. Finkelstein, AMNews staff. March 3, 2003. Additional information

Nothing is ever absolute -- that adage holds true even for patient privacy. Parents have the same rights to see and amend their children's medical records as if they were the patients, according to the medical records privacy rule. And the same applies to guardians or other personal representatives of a child, a mentally incompetent adult or the deceased.

The federal guidance states that "the personal representative stands in the shoes of the individual and has the ability to act for the individual and exercise the individual's rights."

But even that rule doesn't hold fast in all cases. Some state laws allow children to seek mental health services without parental consent. Or a court action may have revoked parental authority. And unless state laws preclude the practice, physicians can request a confidential relationship with a minor. If parents agree, they will not have access to information from those private discussions.

The federal rules, part of the Health Insurance Portability and Accountability Act, also rely on physicians' professional judgment not to reveal patient information to parents under certain situations. Those include instances when a doctor suspects that a child is being abused or neglected or when revealing information could endanger the patient.

The regulation leaves it up to the states to decide what measures physicians should take to verify that parents or guardians actually have legal authority over a child.

Once children reach the age of majority, parents' access to any of their child's medical information ceases unless the patient consents.

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Additional information

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HIPAA
 
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A series of brief explanations to help you prepare for the medical privacy rule, effective April 14

 

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