HIPAA – Medical records – can I see my child’s medical records?
By Marcos Otero, Gulf Coast Immediate Care Center, Fort Walton Beach
The other day, I had an interesting question that I thought would be a good topic for this month. It explicitly involves the HIPAA law.
“Why would the medical office not provide records to a parent of a 20-year-old who is still covered by the parents’ insurance?”
“Why would the medical office not tell me about my child’s visit when I requested it to the front staff?”
Before I answer this, let us clarify specific terms.
First, what is HIPAA?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Kennedy–Kassebaum Act) is a United States federal statute enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. Title II of HIPAA covers the privacy and security of medical records. This means it protects medical information and sets forth penalties for violations.
What Are Medical Records?
Medical records contain demographics, like your name, date of birth, address, insurance coverage, and telephone number. The information you give to providers during an exam, like answers to all those questions your medical care providers ask, are documented in your records. Records also contain medical tests, treatments, medicines, and any notes doctors make about you and your health. Medical records also include mental health care.
Who has access to your medical records?
The patient, medical insurance companies, and parents of minors who are not emancipated have access. Other medical offices can request records, but these are only released after a medical release granting permission has been signed by the patient in writing. The patient can obtain medical records by request. The office has thirty days by law to provide these. The patient may be charged for these copies!
What is a minor?
A patient under the legal state adult age. In Florida, a patient is regarded as a legal adult at the age of eighteen.
According to HIPAA interpretations, the parent of a child over 18, regardless if the parent is paying for the medical visit, is not entitled to see or receive the records or information.
HIPAA Applies to children over 18 even if they are still On Your Insurance.
This fact surprises many parents who get angry when they learn that even though they still carry an 18-year-old on their insurance and pay the bills for their child’s medical care but are not automatically granted the medical information about that child.
The child can sign a release for the parent, but this must be done at the patients request not under the duress or mandate of the parent.
These times are becoming more difficult for everyone as regulations mandate our lives.
