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Table: HIPAA and Minors’ Rights to Privacy

posted on Wed, Aug 20 2014 4:16 pm by Mid-States Region

The Health Insurance Portability and Accountability Act (HIPAA) provides patients with a degree of control over certain protected health information. In the case of a minor, the parent/guardian is usually treated as the minor’s personal representative, but there are exceptions. Generally, when the parent/guardian is the minor’s personal representative, he/she acts on the minor’s behalf and is entitled to view and control protected health information. When the parent is not the personal representative of the minor, HIPAA defers to other federal/state laws to determine what rights the minor has and what discretion a health care provider can exercise regarding disclosure of protected health information to a parent/guardian. This table summarizes when a parent/guardian would not act as the minor’s personal representative; the federal/state laws HIPAA defers to when the parent/guardian is not the minor’s personal representative; and the duties/restrictions the health care provider faces.

View/Download the Table.