-----Original Message-----
From: Drexler, Deborah (EHS) [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 4:19 PM
To: WEDI SNIP Privacy Workgroup List
Subject: FW: Parent Inquiries and HIPAAThe only thing that might help you is the 510(b) "involvement in the individual's care." And that's only a maybe.Tread carefully here. Besides the very limited 510(b) exception, which may or may not even apply here, a person technically has no more right to her adult daughter's PHI than she does to her neighbor's PHI. And this is an area fraught with legal liability. College-aged students are doing all sorts of things they don't want their parents to know about. Woe to the entity that discloses to the parent of a college student that the student had an AIDS test, an STD diagnosis, an abortion, even substance abuse counseling...Deborah L. Drexler, Esq.HIPAA Program ConsultantExecutive Office Health Human ServicesOne Ashburton PlaceBoston MA 02108617-727-7600[EMAIL PROTECTED]-----Original Message-----
From: dale pocklington [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 3:41 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Parent Inquiries and HIPAAI have a privacy related question that I just can't seem to find a specific answer for. I am dealing with a TPA/Broker type environment that has about 80% of the calls from non-providers whose parents are calling on behalf of their adult college-aged children. This is probably because the students either don't understand the insurance process, don't have time to handle their claims, or because the parents still handle all the child's finances. The nature of the calls are everything from claims payment status to inquiries about problems. I can't find anything in the HIPAA privacy regs. that specifically addresses this issue. Mostly, I have found language regarding being a "personal representative". However, that seems to address minor children, or situations where the parent has some sort of legal authority over an adult child.
My question is, under HIPAA, is there any sort of language or interpretation that allows/covers the above situation whereby we do not have to get the insured's consent to discuss his or her claim with their parents?
Dale W. Pocklington, MS, MHA, CDIA, CCA
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