HIPAA Case Studies

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CAL. FAM. CODE § 6926 (2012). DIAGNOSIS OR TREATMENT OF INFECTIOUS, CONTAGIOUS, OR COMMUNICABLE DISEASES; CONSENT BY MINOR TO CERTAIN MEDICAL CARE; LIABILITY OF PARENTS OR GUARDIANS (a) A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease may consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation adopted pursuant to law to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Public Health Officer. (b) A minor who is 12 years of age or older may consent to medical care related to the prevention of a sexually transmitted disease. (c) The minor 's parents or guardian are not liable for payment for medical care provided pursuant to this section. The HIPAA Privacy Rule and Adolescents Other State Law …show more content…

For minors, on the question of parental access to information, the rule defers to state laws unless they are silent or unclear. 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.26 At least three states—California, Montana and Washington—have adopted health privacy laws that explicitly give minors authority over their own information and records when they have the legal right to consent to