Confidentiality, Privacy and Security

Release of Minors Information to Parent

Kris Lundell, Masters Business Administration,CHPS06-02-2019 22:55

Donna F. Coomes, MBA,RHIA,CHPS,CHDA,CPHI,CCS,CHC, CPHQ06-03-2019 06:44

  • 1.  Release of Minors Information to Parent

    Posted 06-02-2019 22:01
    ​Does anyone have any suggestion on how to educate staff on what they should and should not release to a parent of a child who is age 13-18?  Should staff look at all results before releasing to the parent to determine there isn't anything the parent shouldn't be privy to such as a pregnancy test?  For example, the parent presents and requests lab results and knows the date of service.  Our staff prints labs from the EChart and do not look at what tests have been completed. I am trying to figure out a way to explain to staff when they should and should not release to the parent.  Thanks.

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    Pamela Gonterman
    Director of His/Coding
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  • 2.  RE: Release of Minors Information to Parent

    Posted 06-02-2019 22:55
    I would check your local and state laws to get their guidance on what is allowed.


    Kris 
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    3855486604





  • 3.  RE: Release of Minors Information to Parent

    Posted 06-03-2019 02:24

    Is my understanding (at least where I am), that the existence of the pregnancy test positive or negative or otherwise, could also be something not to disclose. 

    This is kind of a frustrating topic as it is SO nuanced. But yea, the laws do give at least broad strokes on what is and what isn't. Also, the ways your state define emancipation (i do not know if is a federal standard, or just state) such as marriage, baby, military, graduation, etc.

    Can I say, I always kinda worry a little whenever I pick up a release for a parent to get records on an adolescent in the 13-17 range? Just because of how nuanced it is.



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    Cody Todd , RHIT
    Health Info Svs Technician
    Mercy Hospital Springfield
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  • 4.  RE: Release of Minors Information to Parent

    Posted 06-03-2019 09:18
    ​Hi,
    I would be interested in how others are explaining this to their staff as well.  Oklahoma does not have very specific guidance except regarding minors who can self consent under certain conditions and then of course 42 CFR.
    Any guidance from others would be very helpful.
    Thank you,

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    Kathryn Boyes
    Director, HIM
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  • 5.  RE: Release of Minors Information to Parent

    Posted 06-03-2019 12:03
    Here is what the HIPAA privacy rule says

    However, if the records are psychological notes or drug abuse records the parents generally aren't allowed access


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

    Answer:

    Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child's personal representative when such access is not inconsistent with State or other law.

    There are three situations when the parent would not be the minor's personal representative under the Privacy Rule. These exceptions are:

    1. When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law;
    2. When the minor obtains care at the direction of a court or a person appointed by the court; and
    3. When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.

    However, even in these exceptional situations, the parent may have access to the medical records of the minor related to this treatment when State or other applicable law requires or permits such parental access. Parental access would be denied when State or other law prohibits such access. If State or other applicable law is silent on a parent's right of access in these cases, the licensed health care provider may exercise his or her professional judgment to the extent allowed by law to grant or deny parental access to the minor's medical information.

    Finally, as is the case with respect to all personal representatives under the Privacy Rule, a provider may choose not to treat a parent as a personal representative when the provider reasonably believes, in his or her professional judgment, that the child has been or may be subjected to domestic violence, abuse or neglect, or that treating the parent as the child's personal representative could endanger the child.







  • 6.  RE: Release of Minors Information to Parent

    Posted 06-03-2019 06:44

    Pam,

     

    We recently provided Disclosures to Parents – Legal Guardians of Minor Patients education as a lunch and learn web-ex.  In preparing the education we identified that we had to also include what each state that we have entities in (Tennessee and Virginia) allow a minor to consent to in addition to what each state allow the parent to have access to, and of course we also had to include any access restrictions for non-custodial parents.

     

    Donna Coomes, MBA, RHIA, CHC, CHPS, CHDA, CPHI, CPHQ, CCS

    Sr. Director of Compliance and HIPAA Compliance Officer

    Tel: 423-302-3401  Email: donna.coomes@balladhealth.org

    Ballad Health

     

    "Alone we can do so little; together we can do so much"

         -Helen Keller

     






  • 7.  RE: Release of Minors Information to Parent

    Posted 06-03-2019 07:09
    By any chance would you be willing to share info? Did you have any handouts? Thanks for the info. Pam






  • 8.  RE: Release of Minors Information to Parent

    Posted 06-05-2019 16:08
    I would also be interested if you have any documented handouts ect.... to share.  Thank you

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    Lonna Dodds
    Health Information Director
    Gothenburg Memorial Hospital
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  • 9.  RE: Release of Minors Information to Parent

    Posted 06-06-2019 09:00
    I would be interested in hand outs also if you can share.   Thanks.

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    Cynthia Schreiner
    Director, Health Information Management Department
    Graham Hospital
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  • 10.  RE: Release of Minors Information to Parent

    Posted 06-07-2019 11:45
    if you would email me at susan.lucci@tw-Security.com I can email it directly to you.  Thanks!

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    [Susan Lucci, RHIA,CHPS, CHDS, AHDI-F]
    [Senior Privacy / Security Consultant]
    [tw-Security]
    [susan.lucci@tw-security.com]
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  • 11.  RE: Release of Minors Information to Parent

    Posted 06-06-2019 12:20
    Hi Pamela,
    I have created a table in Excel that shows state by state and age of consent along with treatment category, mental health, addiction services, HIV and other highly sensitive treatment services what are the requirements for ROI.  Private message me, and I will be happy to send this to you.

    Best wishes,

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    [Susan Lucci, RHIA,CHPS, CHDS, AHDI-F]
    [Senior Privacy / Security Consultant]
    [tw-Security]
    [susan.lucci@tw-security.com]
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  • 12.  RE: Release of Minors Information to Parent

    Posted 06-07-2019 07:22
    ​I would also be very interested in that spreadsheet if you are able to share it.  Thanks in advance!

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    Denise Kramer
    Him Manager
    Regions Hospital
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  • 13.  RE: Release of Minors Information to Parent

    Posted 06-07-2019 13:23
    Hi Susan, I would be interested in receiving the information as well.  Thank you.

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    Sharon Scott
    Clinical Informatics Specialist / Privacy Officer
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