NRPM: Standards for Privacy of Individually Identifiable Health Information. c. Disclosures pertaining to minors.

11/03/1999

In general, because the definition of individual would include parents, a parent, guardian, or person acting in loco parentis could exercise the rights established under this regulation on behalf of their minor (as established by applicable law) children. However, in cases where a minor lawfully obtains a health care service without the consent of or notification to a parent, the minor would be treated as the individual for purposes of exercising any rights established under this regulation with respect to protected health information relating to such health services. Laws regarding access to health care for minors and confidentiality of their medical records vary widely; this proposed regulation recognizes and respects the current diversity of the law in this area. It would not affect applicable regulation of the delivery of health care services to minors, and would not preempt any law authorizing or prohibiting disclosure of individually identifiable health information of minor individuals to their parents. The disclosure of individually identifiable health information from substance abuse records is also addressed by additional requirements established under 42 CFR part 2.