If a child receives emergency medical care without a parents consent, can the parent get all information about the childs treatment and condition?
Generally, yes. Even though the parent did not consent to the treatment in this situation, the parent would be the child’s personal representative under the HIPAA Privacy Rule. This would not be so when the parent does not have authority to act for the child (e.g., parental rights have been terminated), when expressly prohibited by State or other applicable law, or when the covered entity, in the exercise of professional judgment, believes that providing such information would not be in the best interest of the individual because of a reasonable belief that the individual may be subject to abuse or neglect by the personal representative, or that doing so would otherwise endanger the individual.
- If by law a child is able to consent to treatment without parental permission, can they also consent to participate in research related to that treatment?
- If a child receives emergency medical care without a parents consent, can the parent get all information about the childs treatment and condition?
- What level of detail will be required as medical justification on the attachment to the claim for treatment of the child and the family therapy?