HIPPA violation??

Published

Specializes in OBGYN, Urogynecology.

Working in a clinic, this may not be something that everyone else deals with but what would you do if you had a minor teenager come in for their annual exam and the MD did a GC/Chlamydia and pregnancy test on the patient then the parent calls for test results? What I have heard from other nurses is that you cannot tell the parent these results but I have never heard of a HIPPA regulation for specific test results. If they are the patient's legal guardian, do they have a right to these results? Anyone have any thoughts?

I have also been told by other nurses that once a teenager becomes pregnant, that patient is legally emancipated, which I'm not so sure is true. Let's say you have a pregnant 16 year old - can you discuss any test results with their parent?

Up Vote Up Vote ×
Specializes in Emergency Nursing.

When you are dealing with a minor child I would think that the legal guardian/parent has a right to know, but I'm not a lawyer so what do I know other than it's HIPAA not HIPPA.

Up Vote Up Vote ×
Specializes in ER.

no, the parent or legal guardian does not have the right to that info. You need to read up on policy and not what others tell you or ask the doc to clarify. Minor children seeking care for reproductive and pregnancy related issue have autonomy to direct their own care without the knowledge of parent or guardian

Up Vote Up Vote ×
Specializes in OBGYN, Urogynecology.
no, the parent or legal guardian does not have the right to that info. You need to read up on policy and not what others tell you or ask the doc to clarify. Minor children seeking care for reproductive and pregnancy related issue have autonomy to direct their own care without the knowledge of parent or guardian

This makes sense to me but I just feel there are so many gray areas. Like what if we call with results and the parent answers - can we even say where we are calling from? What would you do if the parent asks why you are calling and why you can't discuss it with them since it's their child? Can't really reveal that it has to do with reproductive health/pregnancy. To my knowledge, our facility does not have a policy on what exactly can be revealed to a parent other than just not violating HIPAA, which can be kinda vague.

Up Vote Up Vote ×
Specializes in LTC.

If a minor is pregnant or has a STD nurses can not legally notify the parents or legal guardian. The ONLY time any information is revealed involving a teen is if they are a threat to themselves or others. I agree there area many gray areas. If you do call a childs' home and the parents answer you can state where you are calling from but cannot discuss the results.

In my personal opinion the parents should have a right to know but this is NOT the law.

Up Vote Up Vote ×
Specializes in Emergency & Trauma/Adult ICU.

This varies state to state ... and the only answer that matters to the OP is the one that applies to his/her state. Ask someone in your department if you are unsure.

Up Vote Up Vote ×

Can't answer any specifics for you, but it's HIPAA.

Up Vote Up Vote ×
Specializes in LTC, Psych, Hospice.
this makes sense to me but i just feel there are so many gray areas. like what if we call with results and the parent answers - can we even say where we are calling from? what would you do if the parent asks why you are calling and why you can't discuss it with them since it's their child? can't really reveal that it has to do with reproductive health/pregnancy. to my knowledge, our facility does not have a policy on what exactly can be revealed to a parent other than just not violating hippa, which can be kinda vague.

it's hipaa

Up Vote Up Vote ×
Specializes in OBGYN, Urogynecology.

K, got it guys. HIPAA, not HIPPA. ;) Can't figure how to edit my original post.

Up Vote Up Vote ×

We get it, it's HIPAA... ;) I see at least a few posts a day correcting this, it's not a big deal!

Anyway, when you call and a parent answers, just sat it's "insert name here"'s doctors office calling... That's all they need to know. I wouldn't recommend saying the name as google can unfortunately work TOO well!

Up Vote Up Vote ×
Specializes in Oncology.

Minors can be medically emancipated if they're seeking care for a pregnancy or finding out if they're pregnant. I'm not sure if it applies to STDs.

Up Vote Up Vote ×
Specializes in Emergency Nursing.
Minors can be medically emaciated if they're seeking care for a pregnancy or finding out if they're pregnant. I'm not sure if it applies to STDs.

Pretty sure you mean emancipated and not emaciated. If they are medically emaciated they have other issues and likely can not become pregnant.:p

Up Vote Up Vote ×
+ Join the Discussion