Parental Access to Their Children’s Medical Records Is Under Attack

The HIPAA Privacy Rule, enacted under the 1996 Health Insurance Portability and Accountability Act, safeguards individuals’ protected health information (PHI) by regulating its use and disclosure by covered entities such as healthcare providers, plans, and clearinghouses. Parents have access to their minor child’s medical records as personal representatives under HIPAA, except when state laws grant minors control over PHI for sensitive services like reproductive health, mental health, or substance abuse treatment. State adolescent privacy laws vary, with some allowing minors as young as 12 years old to consent to specific treatments, limiting parental access.

Unfortunately, there has been an extension of these restrictions beyond the limits of law under the guise of privacy restrictions for adolescents in general.

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