06/08/2024 | Press release | Distributed by Public on 06/08/2024 15:21
This article was originally published March 21, 2024.
Are you the parent or legal sponsor of a minor child? If so, there are things you should know about what access you have to your child's health care records and choices. The Health Insurance Portability and Accountability Act Privacy Final Rule protects minors' privacy concerning their health care choices and treatment. To protect your child's health records, this rule limits your access to your child's protected health information (PHI).
"The HIPAA Privacy Rule gives clear guidance to ensure Americans' private health information is protected," said Dr. Anmarie Widener, chief of the Defense Health Agency's Privacy and Civil Liberties Office. "The HIPAA Privacy Rule extends this protection to minors. It's important for parents and legal sponsors to understand what they can and can't access about their child's own health care information."
The Defense Health Agency (DHA) complies with HIPAA privacy rule policies on how parents and legal sponsors access their minors' PHI. These policies apply stateside. The privacy rule defines minors as people who are:
Overseas, a minor can request reproductive health services. This includes telehealth services received from a provider located at a military hospital or clinic. If their health care provider determines that the child is mature enough, the child can get care without parent or legal guardian consent.
Stateside, all Americans have access to both electronic and print health records.
So, what are the limitations for accessing your child's PHI?
Within the military's health system, you can access your and your family's electronic health records (EHRs) using MHS GENESIS. MHS GENESIS offers each beneficiary a secure patient portal. This portal lets you view health records and prescriptions. You can also use it to make and track appointments, send messages to your provider, and more.
According to the Parental Access to Protected Health Information of Unemancipated Minors Memorandum, access to EHRs is as follows:
You can also access paper health records under certain circumstances:
Keep in mind, you can only get both paper and electronic records when your child:
Informed consent is when a patient is competent to make a voluntary decision about whether to undergo a procedure of intervention. Minors can give informed consent for certain types of care. This includes mental health, pregnancy, and sexually transmitted disease care. In these cases, state and federal HIPAA laws protect their privacy. Each of the 50 states, U.S. territories, and the District of Columbia have their own rules for when a minor can consent to the care they get. The DHA observes those state-by-state rules under all circumstances. Check your state's laws for details.
Things are different overseas with accessing PHI related to your child's reproductive health care services. The DHA can't mandate state or federal law overseas. Because of this, military hospitals and clinics must follow guidance provided by the Minors and Reproductive Health Care Services (Overseas) Memorandum. This guidance helps military providers overseas decide if a minor is mature enough to make their own reproductive health care decisions.
As defined in this memo:
Some countries may interpret these terms differently. Check with the TRICARE Overseas contractor to learn more.
The minor's informed consent to receive care at a military hospital or clinic overseas determines parental access to PHI overseas. If the minor gives consent for a healthcare visit, you can't access to the child's health records for that visit unless the child has consented to provide you that access.
As defined by the memo, reproductive care may include:
There are situations, however, when a provider may have to notify a minor's parents or legal sponsor. These include:
For more information, refer to the Parental Access to Protected Health Information of Unemancipated Minors Memorandum. If you're overseas, go to the Minors and Reproductive Health Care Services (Overseas) Memorandum. Call your military hospital or clinic to speak with its records department if you have questions about accessing your child's PHI.