Medical Privacy Rights of Minors

Medical providers, schools, treatment facilities and others who come into contact with medical or health records are often subjected to complex and conflicting requirements to maintain the confidentiality and restrict the use of the information. When those providers and others deal with minors, the complexity increases dramatically. When the right of an individual to privacy and security with regard to his or her medical information runs into the rights of parents to control the medical care delivered to their minor child, the caregiver is often caught in the middle. This OnDemand Webinar will outline the rights of the minor to medical privacy and the ways those rights may be served while also serving the right of the parent or guardian to oversee the medical care provided. You will learn about the requirements of the Health Insurance Portability and Accountability Act of 1996 and related regulations, as well as other Federal statutes and common state statutory and regulatory schemes to deal with parental rights and responsibilities. The OnDemand Webinar will also offer you some advice, tips and sample forms for medical providers to manage the expectations of parents and minors and train staff to recognize potential conflicts and issues.

Learning Objectives:
•You will be able to define the rights of minors under HIPAA and other Federal laws.
•You will be able to explain right to disclose vs. obligation to disclose.
•You will be able to discuss practical tips for addressing minor rights issues.

Authors

Agenda

Sources of Law Impacting Minors' Medical Records

• HIPAA
• FERPA
• 42 CFR 'Part 2'

Rights of Minors Under HIPAA

• Minors as Individuals Under HIPAA
• Parents or Guardians as Personal Representatives
• Right to Disclose vs. Obligation to Disclose
• Other Permitted or Required Disclosures

Common State Law Requirements

• Emancipation
• Specific Parental Rights
• Divorce Issues

Practical Tips for Addressing Minor Rights Issues

• Forms and Documentation
• Staff Training
• Confidentiality Agreements

Additional Formats