Practice Management Alert

Question: Is it a violation of Health Insurance Portability and Accountability Act (HIPAA) rules for parents to see their children's healthcare records?

Mississippi Subscriber

Answer: Generally, a parent has the right to her child's medical records while the child is a minor, says the U.S. Department of Health and Human Services Office of Civil Rights (OCR). The OCR says that parents should be considered their children's personal representatives except in these situations:

• When the minor child has consented to care and the parent's consent isn't required under state law or other laws;
• When the minor receives care per a court's instruction or by a person appointed by a court to direct a minor's care; or
• When the parent agrees that the minor and the healthcare provider may have a confidential relationship.

Bottom line: The OCR says to defer to your state's laws concerning HIPAA regulations.