Right to Privacy Products

The rise of technology has increased the ability to share data, which brings an increased need for public health agencies to protect the integrity and sensitivity of an individual’s private information. This series of products addresses the right to privacy of two different groups: minors and veterans. Watch for additional privacy products in the coming months.

Data Sharing and the Veterans Health Administration

When providing identifiable information to public health agencies, the VHA must comply with certain federal laws in addition to the HIPAA Privacy Rule, state privacy laws and state laws that authorize public health activities. This fact sheet provides an overview of the statutes that permit the VHA to release identifiable data, without patient authorization, to public health agencies.

HIPAA and Minors’ Rights to Privacy

According to the Health Insurance Portability and Accountability Act (HIPAA), the parent/guardian of a minor is usually treated as the minor’s representative and is entitled to view protected health information but there are exceptions. This table summarizes when a parent/guardian would not act as the minor’s personal representative; the federal/state laws HIPPA defers to when the parent/guardian is not the minor’s representative; and the duties/restrictions the health care provider faces.

Consent for Care and Confidential Health Information

This issue brief summarizes Michigan laws related to rights of minors to obtain health care without the consent or knowledge of their parents (focuses on Michigan provisions, which may have counterparts in other states).

Blog Posts on Privacy

Read a post on the court battle between Andrew Speaker, who received worldwide attention in 2007 after flying overseas while knowing he had tuberculosis, and the CDC, which Speaker sued for disclosing his identity and releasing portions of his medical records in order to detain him. Read more.

 

Read a post that calls for medical privacy for young adults still on their parent's or guardian's health insurance. Due to the practice of sending Explanation of Benefits, dependents may give up their privacy about the services they receive. This may cause them to avoid care or to obtain care under publicly paid programs. Read more.