Hippa and confidentiality

[maybabe]

I have a question and am not sure what the right answer will be considering situation.For example ,can a nurse give a test result of a 16 year to her mum over the phone provided she can state the social security and date of birth? Or will it be correct to tell the mother that she is sorry she cannot give such information out.To me I will feel not giving out the results will be the best.But to come to think of it,is the 16 year old not part of the mom`s health care insurance and she has a right to know.

Secondly,can a parent stay in the examination room with a 8 year old child or does she have to wait outside to give the child privacy?

I look at this type of sceneraios putting one in a tight situation.I want views and help on this situation as it reflects Hippa and confidentiality please.

[JustBeachyNurse, LPN]

Good rule of thumb never give lab results over the phone especially when called in.

[enuf_already]

A sixteen year old is considered a minor child. I confirm I am speaking with a legal guardian of the correct child (name, date of birth). There are some results that are not given to parents such as STD and pregnancy tests. Otherwise, the parent gets the result.

I will add that we have someone screen calls, get a return number, and verify everything matches (including guardianship) before we call back. Most of the time we have just seen the child in clinic and I have verified contact numbers with the parent/guardian.

Eighteen is a different story. Written permission to release results to a parent must be on file or the parent must have guardianship.

If an 8 year old wanted privacy they could ask the parent to step out of the room. That said, I know of few 8 year olds that wish to be left alone in an exam room with a doctor or nurse. At least not in my specialty.

[klone, MSN, RN]

You say "mum" - am I right to assume you're not in the US? If not, I have no idea what other countries' rules are (or if they even have an equivalent to HIPAA).

But state laws govern whether a minor is emancipated for issues related to their sexual/reproductive health. I can only speak for Arizona and Colorado, but in both of those states, minors ARE considered emancipated for pregnancy, reproductive health, sexuality, etc, and as such it would be a violation to give out that type of information to a parent without the child's permission.

JustBeachy - we give out lab results over the phone all the time. As long as we verify patient's full name and date of birth, we have done our due diligence on patient privacy. I give out STI results about a dozen times a day over the phone.

[roser13, ASN, RN]

It's HIPAA, not HIPPA. And there is much more at stake here than HIPAA.

Are you in the UK? The use of "mum" seems so, yet you're referencing an American law.

Also, in America, a 16 year old is definitely on her "mum's" healthcare policy.

[mhy12784]

A personal rule of thumb is I would NEVER give out info about pregnancy involving minors without something either in writing, or approval from someone up the food chain.

[klone, MSN, RN]

And it doesn't matter if someone else is on your health insurance policy, that doesn't give the guarantor the right to know their health information. My husband is on my policy, and I'm not allowed to access his health records. Under new laws, children can remain on their parents' policy until age 26. That doesn't give the parents the right to access their adult child's health records.

[MunoRN, RN]

The age of medical consent is actually often below 18, depending on the state, and in many states it is 16 or even 14. This often also defines that age at which parents no longer have free access to their child's health information without their consent. Being on the parent's health insurance doesn't actually override these privacy restrictions.

[maybabe]

This I will think ,but a friend was arguing with me that it was ok to give the response over the phone.Thanks for the information.

[maybabe]

So to say it will just be polite to tell the mum ,that I cannot give you the required information regardless of whose insurance it is.My eight year old will not mind me staying in the room during an examination,but for some 9 year old kids who have started to develop breasts or pubic hair may be shy.This means even kids have a right to their privacy.I get it now.Thanks for the explanation.

[maybabe]

Thanks a lot for all the input and explanation.It helped a lot.I appreciate all you great nurses out there.

[enuf_already]

So to say it will just be polite to tell the mum ,that I cannot give you the required information regardless of whose insurance it is.My eight year old will not mind me staying in the room during an examination,but for some 9 year old kids who have started to develop breasts or pubic hair may be shy.This means even kids have a right to their privacy.I get it now.Thanks for the explanation.

Actually everyone should have the right to privacy if they would prefer to discuss something with the health care provider or not disrobe in front of a parent.

As far as giving results...if the parent's argument is that they should have results because the patient is on their insurance, that's not a valid argument. I think from the answers above, it depends on the patient's age, type of test result, and state laws governing what information is permissible to release (and in what form--EMR, phone, etc.)