Who should the agency give the privacy notice to if the client is a child (and not an emancipated minor)?
(June 2003) A: The Privacy regulations provide that the Notice of Privacy Practices is to be given to the “individual,” which is defined as the patient or his or her “personal representative.” A “personal representative” is a person who has the legal authority to make health care decisions on behalf of another person, e.g., a legal guardian. In most cases, a minor (under age 18) will not have the legal authority to make his/her own health care decisions. In these cases, the child’s “personal representative” should be given a copy of the Notice of Privacy Practice and/or sign the authorization to disclose the child’s PHI. Please consult your own attorney for guidance in individual cases.
(June 2003) A: The Privacy regulations provide that the Notice of Privacy Practices is to be given to the “individual,” which is defined as the patient or his or her “personal representative.” A “personal representative” is a person who has the legal authority to make health care decisions on behalf of another person, e.g., a legal guardian. In most cases, a minor (under age 18) will not have the legal authority to make his/her own health care decisions. In these cases, the child’s “personal representative” should be given a copy of the Notice of Privacy Practice and/or sign the authorization to disclose the child’s PHI. Please consult your own attorney for guidance in individual cases.
