The Privacy Rule generally allows a parent to have access to the medical records about his or her child as the minor child's personal representative when such access is not inconsistent with State or other law.
The information below is courtesy of the Department of Health and Human Service's resource Does the HIPAA Privacy Rule allow parents the right to see their children’s medical records?:
There are three situations when the parent would not be the minor's personal representative under the Privacy Rule. These exceptions are:
- When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law;
- When the minor obtains care at the direction of a court or a person appointed by the court; and
- When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.
However, even in these exceptional situations, the parent may have access to the medical records of the minor related to this treatment when State or other applicable law requires or permits such parental access. Parental access would be denied when State or other law prohibits such access.
For more information, visit the Department of Health & Human Service's HIPAA FAQ's for Professionals.
If State or other applicable law is silent on a parent's right of access in these cases, the licensed health care provider may exercise his or her professional judgment to the extent allowed by law to grant or deny parental access to the minor's medical information.
Disclaimer: This information is general in scope and educational in nature. It is not intended as legal advice. If you require legal advice, contact an attorney.
The recommendations in this publication do not indicate an exclusive course of treatment or serve as a standard of medical care. Variations, taking into account individual circumstances, may be appropriate. This content is for informational purposes only. It is not intended to constitute financial or legal advice. A financial advisor or attorney should be consulted if financial or legal advice is desired.
American Academy of Pediatrics