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/o cr /smartscreen/main.jsf.