Can parents see their children’s records under the Privacy Rule?
Yes, the Privacy Rule generally allows a parent to have access to the health care records of his or her minor child as the child’s “personal representative” when access is not inconsistent with state or other applicable law. There are three situations when the parent would not be the child’s personal representative under the Privacy Rule. These exceptions are: 1) when the minor is the one who consents to care and the consent of the parent is not required under state or other applicable law; 2) when the minor obtains care at the direction of a court or a person appointed by a court; 3) when a parent agrees that the child and the care provider have a confidential relationship. Even in these situations, a parent may have a right of access if state or other law provides for it. If questions arise in specific cases, contact the Privacy Officers. As is always the case, if disclosure would endanger the child, such as in a case of abuse or neglect, the provider should act in a way that will pr
