Can a parent withhold medical information from another parent?

Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child’s personal representative when such access is not inconsistent with State or other law.

Can parents refuse medical treatment for their child?

Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.

Can family members request withholding of information from patients?

If a family member requests that certain information (for example, prognostic information in the case of a stroke, other neurologic insult, or malignancy) be withheld from a patient, the physician should ask the patient if he or she would prefer to be told everything or would prefer his or her family to filter …

What if parents disagree on medical treatment?

The first thing you should look at is your custody agreement. If it does not assign medical decision-making authority, see who has legal custody. In some cases, one parent will have legal custody of the child, giving them the final say on major healthcare decisions. But in most cases, parents share joint legal custody.

At what age of a child is the parent no longer the personal representative of the child for Hipaa purposes?

Generally, the parent would no longer be the personal representative of his or her child once the child reaches the age of majority or becomes emancipated, and therefore, would no longer control the health information about his or her child.

When do parents have the right to refuse medical treatment for children?

For example: If a child has a terminal condition and several doctors agree that treatment is no longer beneficial for the child, then the parents have the right to refuse treatment and seek hospice care for their child.

What happens if a parent refuses to take care of a child?

If this is the case, the child services agency may obtain a court order requiring the parent to temporarily surrender custody of the child to the agency, who will then facilitate means for the required medical care. Intervention is a very serious step that is usually reserved only for very serious cases of medical neglect, such as when:

What to do if the other parent doesn’t provide medical care?

However, in emergency situations where you don’t have access to your child and the child’s other parent isn’t providing medical care, you may need a court to take action. An experienced family law attorney can help you review your options, which may including filing a temporary restraining order or emergency custody motion.

What if my custody order doesn’t address medical issues?

requiring parents to share and disclose the child’s medical records within seven days of any doctor visit. What If My Custody Order Doesn’t Address Medical Issues? You custody order may be silent on medical issues, but it should spell out your role in making medical choices for your child.