Key Information for Your Child's Stay
your child's privacy matters
Privacy and Health Information
Your child has privacy rights under a federal law that protect their health information. This law sets rules and limits on who can access your child’s health information.
Who must follow this law?
- most doctors, nurses, pharmacies, hospitals, nursing homes and other healthcare providers and their vendors
- health insurance companies, HMOs and most employer group health plans
- certain government programs that pay for healthcare, such as Medicaid
What information is protected?
- information put in your child’s medical records
- conversations the doctor has with nurses and others regarding your child’s care
- information about your child in your health insurer’s computer system
- billing information about you at your child's clinic
- most other health information about your child held by those who must follow this law
What rights do you have over your child’s health information?
Providers and health insurers must comply with your right to:
- ask to see and get a copy of your child’s health records
- have corrections added to your child’s health information
- receive a notice that tells you how your child’s health information may be used and shared
- decide if you want to give your permission to share your child’s information
- get a report on when and why your child's health information was shared for certain purposes
- request that those who must follow this law restrict how they use or disclose your child's health information
- file a complaint
What are the rules and limits on who can see and receive your child’s health information?
To make sure that your child’s health information is protected in a way that doesn’t interfere with healthcare, your child’s information can be used and shared:
- for treatment and care coordination
- to pay doctors and hospitals for healthcare and help run their business
- with your family, friends or others you identify who are involved with your child’s healthcare or healthcare bills, unless you object
- to make sure doctors give good care
- to protect the public’s health, such as by reporting when the flu is in your area
- to make required reports to the police, such as reporting gunshot wounds
Without your written permission, your provider cannot:
- use or share your child’s health information for marketing or advertising purposes
- share private notes about mental health counseling sessions
Source: U.S. Department of Health & Human Services, Office for Civil Rights
Access to Your Child’s Medical Records
Under the HIPAA Privacy Rule, parents have access to their child’s medical records. There are a few cases where parents may not have access:
- A minor consents to care, and the parent’s consent isn’t required under the law.
- A minor receives care under the direction of the court.
- The parent agrees that the minor and healthcare provider may have a confidential relationship.
Right to Complain
If you believe your child’s rights are being denied, you can file a complaint with your provider or health insurer, or with the U.S. government at ocrportal.hhs.gov/ocr/smartscreen/main.jsf.