How do you know who is allowed access to your child’s medical records? The Privacy Rule in Title II of the Health Insurance Portability and Accountability Act (HIPAA) lays it on the line. Parents should be particularly knowledgeable about this portion of the Act, as quite often it’s not in your best interest to allow third parties—basically anyone other than yourself and your child’s medical team—to see certain aspects of your child’s medical records. Title II basically covers Protected Health Information (PHI), which is defined as information about health status, provisions of healthcare, or payment for healthcare.

Healthcare providers, healthcare clearinghouses, and health plans (referred to as “covered entities” below) must comply with the guidelines below:

1.      A covered entity may disclose PHI to facilitate treatment, payment, or healthcare operations, or if the covered entity has obtained authorization from the individual.

2.      A covered entity must make a reasonable effort to disclose only the minimum necessary information required to achieve its purpose. Covered entities must notify patients of how their PHI may be used.

3.      A complaint process must be in place for each covered entity that a patient can access if there is a problem with the distribution of PHI.

4.      Patients have recourse outside the covered entity, and can file a complaint with the United States Department of Health and Human Services, Office for Civil Rights, if the patient feels the Privacy Rule is not being followed by the covered entity.

Third-Party Releases- To Sign or Not to Sign?

Your child’s medical records can’t be released to a third party unless you give permission. In some cases it may make perfect sense to release your child’s records, while in other situations the release of those records can result in negative consequences. Parents need to have enough knowledge to make the right decision.

The two main reasons that people want access to your child’s medical records are for treatment and payment. Your child’s records will be released to doctors, therapists, and anyone involved in your child’s medical care, and the necessary information will be released to your insurance company for payment.

But what if an insurance company wants you to sign papers that allow them complete access to your child’s records? Never sign! Instead, ask the insurance company what information they specifically need, and why. Pass the information on to your lawyer, who can help you determine whether it makes sense to release the requested information.