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Minors and HIPPA Laws

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C

cav0903

Guest
What is the name of your state? Florida
Can a physicians office withhold medical information about a minor child from a parent and refuse to release the information without a signed consent ?

The patient received call at home and was told of results of lab work and she told the doctor's office to contact her parents. She was told they could not talk to the parents about the results. This is outrageous!
Upon calling office I was told the same and was advised to have my young daughter sign a form indicating release of information.

SHe is not of legal age and cannot make decisions legally.


Thank you.

Cav0903
 
Last edited:


ellencee

Senior Member
cav0903
Depending on the age of your child and the reason for the lab tests, you may not be entitled to the information without your child's permission.
How's that for governmental control and influence over your ability to be a parent? Pretty darn horrid, isn't it?

EC
 

censored

Junior Member
Under HIPAA, the parent of an unemancipated minor is that child's representative and can rightfully obtain information, with some exceptions. These exceptions are defined federally by HIPAA, but some states have more stringent rules that supercede HIPAA.

Some states allow a minor to obtain defined medical treatments such as HIV testing, birth control, pregnancy-related treatment etc, without parental consent. If the testing/treatment in question was one of those specified by your state, then you do not have a right to that information without your child's written consent.

Additionally, in some states a provider may opt to not disclose information to the parent if in their professional opinion such disclosure could be harmful to the patient.

That being said, HIPAA is confusing and many providers are still unclear about what they can release and what they shouldn't. However, usually when I hear providers using HIPAA as an excuse after the fact, it was because they made a mistake.

Chances are they should have released these lab results to you, but it's also possible that they ran something like a pregnancy test which would prompt the refusal.
 

lkc15507

Member
I believe Censored is absolutely corrrect. I just wish to expound on the fact that many, many providers have gone overboard with the newer HIPAA privacy regulations. (Insurers too.) Go to the website for the Department of Labor (www.dol.gov). This will describe the minimum requirements of HIPAA. Then go to your state's department of insurance website. Federal laws / regulations will pre-empt most state laws depending upon whether your health insurance plan is an ERISA or non-ERISA plan. However, the most stringent guidelines, (state or federal), regarding privacy of minors (most favorable to the patient) are likely to be the applicable guidelines. Clear as mud, but you do need to determine if the plan is an ERISA or non-ERISA plan. (DOL website explains ERISA.) lkc15507
 

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