HIM2012
Prompt
: When are minors allowed to authorize access or disclosure of their own
health information?
ANSWER: —
According to Brodnik, Rinehart-Thompson, & Reynolds (2023), there are
several instances when a minor is allowed to authorize access or disclosure
of their own health information, to include a legally emancipated minor, the
minor is or has been married or in the military, and also in relation to
different types of treatment such as substance use disorders, behavioral
health, sexually transmitted diseases or HIV/AIDS, contraceptive or
reproductive care, prenatal care, immunizations, dental care, and sexual
assault evaluation.
Healthcare entities are challenged to ensure the care and privacy protections
provided to minors are aligned with state and federal laws, HIPAA, and the
most recent information blocking requirements (Brodnik, et. al., 2023). When
considering the information, regulations, and guidelines complied within
HIPAA we can see and understand that protecting privacy in general is a
challenge but properly handling the privacy of a minor can be an entirely
different challenge.
The U.S. Department of Health and Human Services (2021), in the instances
of notifying a parent before treating his or her minor child, even though the
minor is able to consent to such health care under state law, states that
HIPAA would defer to state or other applicable law that addresses the
disclosure of health information to a parent about a minor child. As stated,
this is speaking of a particular situation however, this is a fairly general
guideline that can be of assistance when navigating the challenge of
properly handling the protected health information of a minor.
References:
Brodnik, M. S., Rinehard-Thompson, L. A., & Reynolds, R. B.
(2023).
Fundamentals of law for Health Informatics and Information
Management
. American Health Information Management Association.
U.S. Department of Health and Human Services. (2021, June 28).
231-May a
psychologist notify a parent before treating his or her minor child even
though the child is able to consent
. HHS.gov. https://www.hhs.gov/hipaa/for-
professionals/faq/231/if-patient-present-when-does-hipaa-allow-provider-to-
discuss-information/index.html
