A Minor's Right to Confidentiality of Health Information
A Minor’s Right to Confidentiality of Health Information
Davenport University
Healthcare Regulation HSAD 302
October 05, 2012
Table of Contents A MINOR’S RIGHT TO CONFIDENTIALITY OF HEALTH INFORMATION 3 MINOR’S RIGHTS VERSUS PARENTAL RIGHTS 3 PROMISCUOUS ADOLESCENT BEHAVIOR 4 LEGAL ENTANGLEMENTS 5 PUBLIC POLICY 6 CONCLUSION 6 REFERENCES 8
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A Minor’s Right to Confidentiality of Health Information
In August of 1996 congress passed the Health Insurance Portability and Accountability Act (HIPAA) patients began to see an improvement in the access and consistency of the health insurance coverage. It was not until April 14, 2003 that the privacy portion was passed protection personal health information. Many states have individual laws that were already in place to protect the health information of patients. HIPAA was not intended to eliminate the state law but to cover that which was not addressed by state laws. The state law will prevail providing it is more stringent than the HIPAA policy. In general, the passing of the HIPAA gave patients additional information and greater access to personal medical information while protecting that same information from inappropriate disclosure. Some of the protected information that has raised controversial concerns is regarding a minor’s right to privacy and parental access.
Minor’s Rights versus Parental Rights
HIPAA rules regulate the authorized individuals that legally can obtain a person’s private health information. HIPAA recognizes parents and guardians as “personal representatives,” which permits authorization and access as appropriate with the regulations. The guidelines provide that person that has legal authority over another adult or emancipated minor shall be considered the personal representative and afforded such authority as relevant to the law. The second part addresses unemancipated minors and parents or guardians, shall be regarded as personal representation and give the
Davenport University
Healthcare Regulation HSAD 302
October 05, 2012
Table of Contents A MINOR’S RIGHT TO CONFIDENTIALITY OF HEALTH INFORMATION 3 MINOR’S RIGHTS VERSUS PARENTAL RIGHTS 3 PROMISCUOUS ADOLESCENT BEHAVIOR 4 LEGAL ENTANGLEMENTS 5 PUBLIC POLICY 6 CONCLUSION 6 REFERENCES 8
.
A Minor’s Right to Confidentiality of Health Information
In August of 1996 congress passed the Health Insurance Portability and Accountability Act (HIPAA) patients began to see an improvement in the access and consistency of the health insurance coverage. It was not until April 14, 2003 that the privacy portion was passed protection personal health information. Many states have individual laws that were already in place to protect the health information of patients. HIPAA was not intended to eliminate the state law but to cover that which was not addressed by state laws. The state law will prevail providing it is more stringent than the HIPAA policy. In general, the passing of the HIPAA gave patients additional information and greater access to personal medical information while protecting that same information from inappropriate disclosure. Some of the protected information that has raised controversial concerns is regarding a minor’s right to privacy and parental access.
Minor’s Rights versus Parental Rights
HIPAA rules regulate the authorized individuals that legally can obtain a person’s private health information. HIPAA recognizes parents and guardians as “personal representatives,” which permits authorization and access as appropriate with the regulations. The guidelines provide that person that has legal authority over another adult or emancipated minor shall be considered the personal representative and afforded such authority as relevant to the law. The second part addresses unemancipated minors and parents or guardians, shall be regarded as personal representation and give the
References: Chavkin, W., Rosenbaum, S., Jones, J., & Rosenfield, A. (2010). Women 's health and health care reform [The key role of comprehensive reproductive health care]. Retrieved from http://www.mailmanschool.org/facultypubs/womenshealthcarereform.pdf FindLaw. (2011). Michigan medical records law. Retrieved from http://law.findlaw.com/state-laws/minors-and-the-law/michigan/, http://law.findlaw.com/state-laws/minors-and-the-law/michigan/ Guttmacher Institute. (2005, November). Teenagers ' access to confidential reproductive health services [The Guttmacher report on public policy]. Retrieved from http://www.guttmacher.org/pubs/tgr/08/4/gr080406.html Mary Beth Kirven, E., & Daniel J. Hall. (2003, June). Health insurance portability and accountability act of 1996 [Applicability to the courts: an initial assessment]. Retrieved from http://www.ncsconline.org/WC/Publications/CS_PriPubHIPPA96Pub.pdf Miller, J., LaVaute, G., & Heritage Media. (2011, March). Washtenaw county: Young and pregnant [Part 1: Prevention]. Retrieved from http://www.heritage.com/articles/2011/03/01/life/doc4d6d5ec57105e610360187.txt?viewmode=fullstory