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 childs 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.
Related Questions
- Many of our minor patients have parents who are divorced. If the parent who does not have custody of the child requests the childs medical records, may I release them?
- If a child receives emergency medical care without a parents consent, can the parent get all information about the childs treatment and condition?
- If a child receives emergency medical care without a parents consent, can the parent get all information about the childs treatment and condition?