Health Information Compliance Alert
READER QUESTIONS:
GUARDIAN CAN DENY PHI ACCESS
Published on Mon Jan 16, 2006 
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Question: One of our minor patients wants a copy of her medical records; however, her custodial guardian objects to the release. Can our facility disclose the record or would that violate the privacy rule? Answer: "The privacy rule allows a parent or guardian to deny a minor's access to her records," counsels Daniel Shepherd, Privacy Officer for Ocean Springs, MS' Singing River Hospital System.
The Bottom Line: A minor can access her medical record if state law permits the release, if the judge orders the release or if the minor is emancipated, Shepherd offers.
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