Adult interdependent relationship in Alberta Same-sex marriage Assured Income for the Severely Handicapped Act; Change of Name Act; Dependent Adults Act;. Dependents Dependents (qualifying children and qualifying relatives) If your IHS eligible dependents do not have access to IHS services or are not members of. In August , a new federal rule took effect that protects the privacy of individuals' health information and medical records.1 The rule, which is based on. A: The Affordable Care Act requires plans and issuers that offer dependent child coverage to make the coverage available until a child reaches the age of Both married and unmarried children qualify for this coverage.
Every day, adolescents seek family planning or STD services in clinics specifically designed to provide such care. If the minor is a Medicaid recipient, he or she is also entitled to receive confidential family planning services if the services are billed to Medicaid. Title X, state law or constitutional principles also would permit her to give her own consent for family planning services.
Ford C et al. The rule had the potential to make sweeping changes in adolescents' ability to access services on a confidential basis, but in the end left the status quo essentially intact. Each year, millions of adolescents seek family planning services and STD screening. For adults, the HIPAA privacy rule defers to state laws that provide stronger privacy protections than the federal rule, but if state laws provide weaker protection, the federal rule controls.
The rule may minimize these risks if minors use the option of requesting restrictions on disclosure or confidential communications. Many such laws are critically important to determining how the rule will be implemented. Adolescents and the professionals who provide their health care have long expected that when an adolescent is allowed to give consent for health care, information pertaining to it will usually be considered confidential.
Often an adolescent is seen at a private physician's office for routine health care which should include testing for chlamydial infection if she is sexually experienced , concerns about STD symptoms or family planning services.
Some attempts have already been made to repeal minor consent laws that have been on the books for 30 years 39 and to require parental notification for adolescents receiving STD care, 40 which has long been considered a confidential service for minors in every state.
The rule provides that in such situations, the minor generally assumes the rights to control access to information and records of the care subject to state and other laws' provisions about parents' access. Skip to main content.
Many of these laws have been in place for several decades. Numerous decisions of the U. Many of these forms specify the services offered at the center, and many specify that services are confidential.
English A and Morreale M, A legal and policy framework for adolescent health care: Health Privacy Project, , op. Many states have enacted laws concerning privacy of health information and medical records, although not all address disclosure of information to parents when minors have consented to the care.
Planned Parenthood Federation of New York v.
Weiss C and Dalven J, , op cit. At Title X-funded family planning clinics, the confidentiality protections of Title X apply; thus, if a minor receives contraceptive or STD care, the services are confidential and the minor's permission is required for information to be disclosed to her parent.
The HIPAA Privacy Rule and Adolescents: Legal Questions and Clinical Challenges
A minor is considered "the individual" who can exercise rights under the rule in one of three circumstances. Many minor consent laws contain explicit provisions regarding the disclosure of information to parents. Many school-based health centers offer family planning services and STD screening, and often students want and expect that care to be confidential.
To the extent that confidentiality concerns arise with respect to billing and third-party reimbursement linked to school-based clinics, the same general considerations apply as in a private physician's office. Third-party reimbursement also creates challenges.
Questions of overriding importance include the following: The same is true in other Medicaid provider sites, including private physician offices and school-based health centers. Moreover, if the minor has health insurance coverage and wishes to use it to pay for the care, additional risks exist that disclosure will take place through the insurance claims process, when explanations of benefits are sent to the policyholder, usually a parent.
As a result, information about STD screening and family planning is in a different category from information about general health care—which the minor may not have the legal right to consent for under state law. While this has always been true, the heightened attention to questions of confidentiality in adolescent care could lead to more activity in state legislatures or in Congress.
Supreme Court and other courts recognize that the constitutional right of privacy protects minors as well as adults. Often the parent need only sign a general consent form at the beginning of the school year.In August , a new federal rule took effect that protects the privacy of individuals' health information and medical records.1 The rule, which is based on.
The most challenging issues in a private physician's office arise with respect to billing and third-party reimbursement. Although the HIPAA privacy rule provides a legal basis for a minor to request that providers and health plans restrict disclosure of their protected health information or that they communicate with the minor in a confidential manner, 38 the effective implementation of these provisions requires the willing and active cooperation of both health care providers and third-party payers.
Under the HIPAA privacy rule, adolescents who legally are adults aged 18 or older and emancipated minors can exercise the rights of individuals; specific provisions address the protected health information of adolescents who are younger than 18 and not emancipated. The privacy rule allows a health care provider or health plan not to treat a parent as a minor's personal representative, given a reasonable belief that the parent has subjected or may subject the minor to domestic violence, abuse or neglect, or that treating the parent as the personal representative could endanger the minor.
If state or other law is silent on the question of parents' access, a provider or health plan has discretion to determine whether to grant access to a parent who requests it. Very few mandate disclosure.
However, the rule also leaves both the states and Congress free to alter existing laws. Provisions that are specific to unemancipated minors determine whether a parent who is not the minor's personal representative under the rule may have access to the minor's protected health information.
Utah , U. Ford CA and English A, , op.
The document has moved here. For minors, on the question of parental access to information, the rule defers to state laws unless they are silent or unclear. Such challenges may arise less frequently in specialized settings, such as STD or family planning clinics, than in clinical settings where comprehensive health services are provided, such as private physicians' offices.
However, in general, school-based health centers work hard to involve parents whenever that is possible and appropriate. Finally, clinicians continue to face the challenge of conveying the protections and limitations of confidentiality to adolescent patients and their parents.
Summary The Patient Protection and Affordable Care Act (PPACA) requires benefit plans that provide coverage for dependents to cover adult children to age Learn about options for providing health insurance for children and young adults Visit qlipe.com for the best Aren’t claimed as a tax dependent;. The vast majority of health care professionals who provide care to adolescents are required to comply.
This question can be answered only in part by reference to law, and will be greatly informed by sound standards of ethics and clinical practice.
A minor who is considered "the individual" may exercise most of the same rights as an adult under the regulation, with one important exception.