Am I my child’s personal representative under HIPAA?
HIPAA fact sheet for parents
OCR guidance for parents describing when a parent is a child’s personal representative and when exceptions may apply that would prevent a parent from accessing medical records.
Key Points
- If you have authority to make healthcare decisions for your minor child, you are probably your child’s personal representative, and you can exercise HIPAA rights with respect to your child’s protected health information (PHI).
- However, a parent may be prohibited from being their child’s personal representative is certain exceptions apply.
Related Resources
OCR guidance for parents regarding the rights of parents and their children under HIPAA as children become adults.
OCR flowchart to assist parents with determining when they can access mental health treatment information for minor children.