Question

You are the hospital administrator, and this situation has been brought to your attention. The mother of a pregnant minor seeks to obtain the daughter’s medical records because she wishes to see if the daughter indicated to hospital personnel the identity of the father of her unborn child. The patient is a 12-year-old, unmarried youth who lives at home with her parents, and her parents are paying for her obstetrical care. The patient does not consent to the release of her medical records to her parents. The mother has made it known to you that she intends to sue if she does not get the records as a result of this request.

Based on HIPAA and confidentiality laws, who provides the consent to treat this young, pregnant woman?

If you were the administrator, would you provide the records for the mother? Why or why not?

Answer 1

According to HIPAA and confidentiality law the consent can be provided by the parents when they are the personal representative of a patient. If the the parents are not personal representative of the minor then they cannot access or get the personal health records of the patient. The providers ensures the parents should have first given consent for not intruding the patient's confidentiality matters before starting the treatment. Most parents accept this rule to start the treatment by giving consent as oer the HIPAA and confidentiality laws.

The records cannot be disclosed to a mother if it poses risk for the patient in form of violence, abuse, maltreatment,etc., on the grounds of patient safety.