hippa violation with teen mother

Specialties Ob/Gyn

Published

I have a friend, who just found out that her 16 year old daughter is pregnant. The concern is the parents found out from the family physician. The pregnant teen went to the family physician by herself. The doctor then called the parents and told them to come to the office. While at the doctors office the doctor told the parents that their daughter was pregnant. The teen was not in the room when the parents were told nor did she ask for her parents to be contacted. As a new Cardiac nurse, I was wondering if this was common practice or a HIPPA violation. I am just curious, my friend did not ask.

stillpressingon

225 Posts

I think it depends on the state. I don't know that specific HIPAA policy where I am now, but I know in CA that would be a MAJOR HIPAA violation. In CA, parents have no right-to-know when it comes to the reproductive concerns of a girl from the ages of 12 or older. I'm pretty sure it varies by state, though.

suzanne4, RN

26,410 Posts

It does vary by state, that is for sure. Each state has their own rules and regulations on this.

As well as the fact that more than likely the daughter is covered under her parents medical insurance so when the bill arrives at the house for verification of the expense for the appt as well as the pregnancy test, they normally would find out. This is just something that many do not think about and it is not a HIPAA violation for the insurance company to verify services rendered with the policy holder.

And in CA, if the daughter went to her physician and there was a bill produced, then the insurance company would do what they normally do and verify that services were rendered before paying the bill. And since the parents are paying the bills for her, they would find out.

Jolie, BSN

6,375 Posts

Specializes in Maternal - Child Health.

I agree that the answer to this question lies in your state's laws regarding the emancipation of girls to make independent decisions regarding reproductive health care. In some states, a pregnant minor is considered an adult for the purposes of making healthcare decisions regarding the pregnancy (and treatment of STDs), in some states that may not be the case.

In my state, we need the consent of the parents of a pregnant minor to treat the minor. Once the baby is born, the minor can give consent for her baby's treatment, but the teen's parents still have to consent for any treatment for the teen until she is 18. Parenthood is not an automatic emancipation for the teen here.

Specializes in ICU/ER.
In my state, we need the consent of the parents of a pregnant minor to treat the minor. Once the baby is born, the minor can give consent for her baby's treatment, but the teen's parents still have to consent for any treatment for the teen until she is 18. Parenthood is not an automatic emancipation for the teen here.

That is how I know it too.

But if you ask me what that Dr did was in fact a Hippa violation, counsel the teen, encourage the teen, give the teen the resources, keep in touch with the teen, support her in telling her parents, but dont do it for her.

Gee what trust is that teens friends going to have in Drs now??

I have told my teens that they can talk to our Nurse Practitioner about anything and I dont need to know nor am I allowed to know and all they have to tell me is they are not feeling well and I will give them the 20.00 for the co-pay.

Becca608

314 Posts

Specializes in med-surg.

Depends on the state and Mom and Dad will find out anyway, eventually. Pregnancy is not something that can be hidden forever.

Thank you for reminding me that I need to look this up in my state; although I do admit that the maturity of the young lady in question would be something I would want to consider. There is a world of difference between a pregnant 12 year old and a pregnant 16 year old. With the 12 year old, I'd be tempted to report to the authorities...she's either being abused or horribly neglected AND NOT PROTECTED and valued by the adults in her life.

llg, PhD, RN

13,469 Posts

Specializes in Nursing Professional Development.
With the 12 year old, I'd be tempted to report to the authorities...she's either being abused or horribly neglected AND NOT PROTECTED and valued by the adults in her life.

Which is one reason why a lot of states give children the right to seek health care without involving their parents. In many cases involving younger teens, abuse is involved and the child has very good reason for being afraid of her parents.

morte, LPN, LVN

7,015 Posts

and a sixteen year old may very well have made other arrangements to pay the bill....AND not intended to continue the pregnancy, so the parents may NEVER have known.....

ktwlpn, LPN

3,844 Posts

Specializes in LTC,Hospice/palliative care,acute care.
It does vary by state, that is for sure. Each state has their own rules and regulations on this.

As well as the fact that more than likely the daughter is covered under her parents medical insurance so when the bill arrives at the house for verification of the expense for the appt as well as the pregnancy test, they normally would find out. This is just something that many do not think about and it is not a HIPAA violation for the insurance company to verify services rendered with the policy holder.

And in CA, if the daughter went to her physician and there was a bill produced, then the insurance company would do what they normally do and verify that services were rendered before paying the bill. And since the parents are paying the bills for her, they would find out.

We had issues with insurance that involved my then 15 yr old son.We were told the amount of the bill but not the exact nature of the services due to HIPAA.No big D in our situation-it was not related to the OP's topic and was something the whole family was dealing with togther.

Specializes in Rural Health.

Whether or not it violates HIPAA depends on state to state. Where I live, yes it would be as anyone over the age of 14 is considered emancipated in regards to reproductive health and concerns including pregnancy and STD's.

This is a huge sore subject for me because way back when, I was this 16 year old girl who went to get some help for a very unplanned pregnancy and was put in a HORRIBLE situation when my parents found out, not from me but from the doctors office (and it wasn't for billing purposes either, I hadn't even made it the 7 mile drive to my house before they knew about it - it was NOSEY people butting into my business). My parents are not nice people and lets just leave it at that. I have no idea of HIPAA was even an issue as this was 18 years ago and I live far away from them and the state in which this occured.

So regardless whether or not this girls parents would've eventually found out and throw HIPAA out the window here, I don't feel it's ever the physican's determination of when (if) the parents should've been told. If nothing else he has totally violated his patient's trust and to me, that is the much bigger problem here.

What the doc should've done is helped the girl work thru her problems, helped her find solutions and been a supportive person in her life as she worked thru this. The last thing she needed (wanted) was to have the person that she actually trusted violate her by telling her parents.

Sorry, HUGE sore subject for me because I know how devestating this can be not just for the parents but for this poor girl who just wanted some help.

Climbing off my soap box now .......

widi96

276 Posts

Specializes in Emergency Dept.

This is horrible. Please - let's make it so younger patients know they can not trust us as health care providers. Have they NOT read the stories of teens never telling anyone, then throwing these babies away immediately after birth. This poor girl was trying to go through the proper channels and was screwed over by her physician. I would hope this would be a major HIPPA violation and the dr gets his a@@ in a real bind for it. Counciling the girl to try to get her to tell her parents on her own terms (dr being present if she chooses), yeah, great - but to call and tell them behind her back is absolutely HORRIBLE.

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