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.
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:
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.
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: email@example.com
"Alone we can do so little; together we can do so much"