hipaa
Do parents have access to an adult child&#39;s childhood medical records
<p>After my child turns 18, I know I am blocked from seeing any new medical records, unless they give explicit permission.  However, does that mean I am blocked from their pediatric medical records?</p>
<p>Their pediatric provider sent me their complete vaccination record for our records, but they are now over 18. Is this a violation of HIPAA?  I tried reading the rules and regulations, but I couldn't parse out this situation.  If it is a violation, can you point at the regulation?</p>
<p>If it is a violation, I'd like to inform the provider, so they don't continue this mistake.</p>
<p>(To be clear, I have a release, and permission from our adult child, but the provider wouldn't know that.)</p>

<p>Late to the party, but I'll answer anyways.</p>
<p>In general, providers have a lot of wiggle room when sharing information with parents, on condition that the patient hasn't explicitly objected despite having opportunity to do so.  HIPAA allows the provider to make a judgment call on whether such information can be shared without explicit consent:</p>
<p>Quoting <a href="https://www.govinfo.gov/content/pkg/CFR-2003-title45-vol1/xml/CFR-2003-title45-vol1-sec164-510.xml" rel="nofollow noreferrer">Title 45 § 164.510</a> :</p>
<blockquote>
<p>(i) Obtains the individual's agreement;<br />
(ii) Provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection; or<br />
(iii) <strong>Reasonably infers from the circumstances, based the exercise of professional judgment, that the individual does not object to the disclosure.</strong></p>
</blockquote>
<p>HHS does discuss disclosure to family members in <a href="https://www.hhs.gov/hipaa/for-professionals/faq/2069/under-hipaa-when-can-a-family-member/index.html" rel="nofollow noreferrer">their FAQ</a> :</p>
<blockquote>
<p>A covered entity is permitted to share information with a family member or other person involved in an individual’s care or payment for care as long as the individual does not object.</p>
</blockquote>
<p>A parent of a child who has just turned 18 is likely still somewhat involved in the child's care, so, absent either an objection or a reason to believe the child would object if asked, sharing is probably not a violation.</p>
