My mom often tells me that you never stop being a parent. Not being one myself, I can only take her word on this. However, what I do know is that, according to the law, I legally became an adult when I hit that magical 18th birthday. A lot changed for me after I turned 18, in part because of my newly-recognized adult status. What my parents, and many others parents, never thought about was how a child’s change into an adult changes a parent’s status too.
Parents Generally Don’t Have a Right to Their Adult Child’s Medical Records
The Health Insurance Portability and Accountability Act, more commonly known as the HIPAA law, is a federal law that gives a patient’s medical information special federal privacy protections. Due to the special nature of the parent-child relationship, HIPAA waives some of the protection in the case of a minor child, and allows a parent access to medical records in most situations. Most parents think that turning 18 doesn’t change that relationship; that person is still your child, and you need to know that information to help your child. The insurance that you pay for probably paid for that doctor’s visit. Obviously, you have a right to that information!
Actually, you don’t. Once a child becomes an adult, the law no longer recognizes a parent’s need for access to medical records because, in the law’s eyes, that special relationship changes. An adult can make their own decisions about their medical treatment and who they want to know (or not know) about that treatment. Not having the ability to call your child’s doctor and ask those follow-up questions, that a new adult might not think to ask, might be annoying, but it isn’t the most problematic repercussion of the HIPAA law. An adult child can tell their parent any information they want them to know, and this actually might be the start of a discussion between parent and child.
A Few Simple Documents Can Save Parents a Lot of Aggravation and Worry
What happens in a medical emergency where an adult child is unable to tell their parents about their condition? The law does allow some disclosure to family members, but how much and to whom is left to the discretionary judgment of the medical professional. Most medical providers are understandably hesitant to give out this confidential information without the express permission of a patient. This is why I have taken steps to ensure my parents can speak to my medical provider about my treatment, or whether I’m even in the hospital. I signed a Medical Release, and ensured my doctor has a copy so it’s in my medical records. Now the burden is off of my medical care provider to make a judgment call on whether it is appropriate to release my medical information, and my parents are saved a lot of aggravation and worry.
The result is the same whether your child is an 18 year old or a 30 year old. If they have not executed advanced planning documents, a HIPAA release, a Health Care Power of Attorney and a Financial Power of Attorney, you would likely need to go through a guardianship proceeding in order to get any information, let alone have the authority to make necessary medical and financial decisions on their behalf. Completing a few simple documents can save a lot of worry and delay in critical situations.