I seem to remember from the August revisions, that this depends on the state laws. Someone correct me if I'm wrong.
Deborah
-----Original Message-----
From: Giesecke, Steve [mailto:[EMAIL PROTECTED]]
Sent: Friday, February 28, 2003 3:14 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Custodial parent rights to minor's PHI
I have a question regarding PHI disclosure with respect to minors when there has been a divorce and one parent has been assigned custody. My understanding is that only the parent with legal custody can (legally) access the children's PHI but I can't put my finger on the reference for this practice. Payers, for example, may have no way of knowing who has custody, let alone the marital status of a parent calling in concerning the PHI of a child. If I am reading this correctly, they will need to develop a system which allows their claims rep's and call centers to know who the custodial parent is. Does HIPAA defer to state law or is there a common law precedent or something specific I have missed in the Privacy Rule which addresses this situation?
Thanks for any information,
Steve Giesecke
Sierra Systems
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