The Health Insurance Portability and Accountability Act, commonly known as HIPAA, is a federal law that was enacted in 1996 to protect the privacy of patients pertaining to their medical records.
No one can go into a doctor’s office or medical facility of any kind and request to see the medical files of a patient. In fact, healthcare professionals cannot even confirm whether or not a person is getting treatment of any kind at their facility.
But does this law apply to minors who are under the care and guardianship of their parents or law-appointed caregivers? The answer is not straightforward.
Do HIPAA Laws Apply to Minors?
Yes and no. Extended family, teachers, friends, neighbors, or strangers cannot go into a healthcare facility and access the medical records of a child. Additionally, those records cannot be shared between medical offices.
For example, if a pediatrician refers a child to a specialist, that specialist does not automatically have the right to access the child’s medical records without the express consent of the child’s parent or guardian.
However, when it comes to stopping parents or guardians from viewing the medical records of their children, that is where HIPAA does not protect privacy, except in a few select cases.
What Are the HIPAA Laws Regarding Minors?
When it comes to minors, biological parents who have not lost their parental rights in a court of law can legally access their child’s medical records, with or without their child’s consent, except when:
- The minor requests or consents to a treatment that does not require the consent of a parent.
- The minor is getting healthcare in order to fulfill a court order.
- The parent agrees that the medical records can remain private and that the relationship between the child and healthcare provider may be confidential.
Even in these cases, depending on the specifics of the situation and Florida state law on that particular issue, if a parent contests the issue and wants to see their child’s medical files, it is rare that a Florida court of law will allow them to be blocked from access.
Are There HIPAA Laws Specific to Pregnant Minors?
In many cases, HIPAA protects the right of pregnant minors and minors who are parents from the requirement to get parental consent for certain medical care such as contraceptives, treatment for sexually transmitted diseases, and abortion. However, their medical records containing information about these services may not necessarily be protected from parental access.
HIPAA Laws & Minors: Florida Healthcare Law Firm Can Help
If your practice is seeking support in ensuring you are compliant under HIPAA when it comes to the medical records and medical care of a minor, Florida Healthcare Law Firm can help. Call now to set up a consultation.