Can PHI concerning a minor child be release to both parents even
though they are divorced?
Excluding the circumstances of individual state law that allows minor
children to receive some medical services without notifying parents,
I say yes both parents though divorced can receive PHI about their
c
This gets into a sticky wicket.
It appears to me that the custodial parent would be the child's
representative. There are many situations in which it would not be
appropriate for the non-custodial parent to have access to PHI.
This may get into the venue of State laws.
Rebecca Cowling
HIPAA Di
It would depend in some states how the parenting agreement is written by the court.
If a parent has "sole" custody then it would seem that the non-custodial parent could
not obtain the minor's information unless the parent with "sole" custody would give
permission as the legal representative (a
Title: Message
My apologies
for the delay. When you review the
results please remember that the questions asked are not necessarily mutually
exclusive. Hope this helps all of
you as much as it has helped me.
Donald L. Ribelin
HIPAA Project Manager
Firsthealth of the Carolina
I have a question. Can PHI concerning a minor child be release to
both parents even though they are divorced?
Excluding the circumstances of individual state law that allows minor
children to receive some medical services without notifying parents,
I say yes both parents though divorced can recei
I can tell you that here in Texas it would vary by divorce decree.
Mine specifically spells out that as a joint custodial parent I have equal
right to all medical information and medical decisions regarding my children
-- even though they do not have primary residence with me.
I would say any WRI
I hate to weigh in here one more time, but my understanding what that we have to
provide the pt/client an accounting of all disclosures that were not specifically
covered by an authorization (initially, it was interpreted that those had to be logged
and tracked also, but that was amended in the
Title: RE: Disclosures
You have stated the facts correctly.
-Original Message-
From: Teri Baskett [mailto:[EMAIL PROTECTED]]
Sent: Monday, February 17, 2003 12:10 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Disclosures
I hate to weigh in here one more time, but my understandi
Teri,
I also agree - these are separate requirements that are not mutually
exclusive. A covered entity must meet all requirements, relevant to a
particular use or disclosure:
A covered entity must have a notice of privacy practices which lists
relevant disclosures and examples, among other thi
Teri -- You are overstating the accounting for disclosures requirenment.
Under the modified final rule, the only disclosures that are subject to
the accounting for disclosure under § 164.528 are most post-4/14/03 (but
not all) disclosures that are made without an authorization under §
164.512 (e.g.
On April 15, 2003, we are anticipating that we simply do not have the staff available
to supply all patients that walk in our door with our NPP. It's hard to find someone
to do a job like this for only 3-4 months! We plan to hire college students to
accomplish this task when school let outs in
Dr. Fairley,
My firm is recommending that the NPP be developed and implemented as soon as possible
just for the reason you mention: otherwise every patient who walks in the door on
4/15 will need to be provided with this document, any discussion/questions, etc. If
you can implement this part o
I haven't taken the time to research this enough to cite any references in
support of my position, but my initial reaction is that just mailing the NPP
is not adequate to make a good faith effort.
The requirement is that you make a good faith effort to obtain written
acknowledgment of their rec
Would this maybe fall under "reasonable" and may depend upon the size of the
CE? Great question. Interested to see what others have to say.
Patricia Hamby
HIPAA Compliance Project Manager
XANTUS Healthplan of Tennessee, Inc.
(615) 463-1612, Office
(615) 279-1301, Facsimile
http://www.xantushea
Just wanted to add for some of those who aren't "knee-deep" in HIPAA
that the acknowledgment requirement discussion is a health care provider
issue. For health plans the acknowledgment requirement in 164.520(c)(2)
is not applicable. Health plans should be able to satisfy their notice
requirement
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