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Did You Know?

Parents generally do have access to their minor children’s health record. However, there are three circumstances where parents do not have access:

1. When the minor is the one who consents to care and the consent of the parent is not required under law

2. If the minor obtains care at the guidance of a court or person appointed by court

3. When a parent agrees that the minor and healthcare provider have a confidential relationship

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Information for Caregivers

If you are a caregiver for someone else, don’t assume you automatically have rights to that person’s information, even if you are an immediate family member. Parents take note: Even dependent children under the age of 18 have special rights in certain circumstances. To access another adult’s information:

Have the person you are caring for submit written authorization to his or her doctors’ and healthcare facilities.

In that authorization, the patient should include language that gives permission to release all information regarding treatment and care to you, and/or anyone else the patient wants to have access.

This document might also include the names of people the information should NOT be shared with. An example might be a domestic abuse case where the wife would request that a husband not have access to any information.

Then you’ll need to give this authorization to the healthcare facility’s Health Information Management Department. In cases of lengthy or permanent incapacity, a legal guardian for the patient may be appointed through court proceedings. In that case, the legal guardian can access the patient’s health records and decide who else can see them.

When incapacity is anticipated, a person may grant power of attorney to another person. Power of attorney is the legally recognized authority to act and make decisions on behalf of another party. This authorizes the designee to act on behalf of the person who is now incapacitated. The person with power of attorney is often responsible for making decisions regarding the disclosure of health information to others.