Question about HIPPA and reporting abuse.

[~Mi Vida Loca~RN, ASN, RN]

I am sure I will learn specifics in school, but I have a question about something I was told by a family member that works in a OBGYN office, that has bothered me. I was always under the impression that regardless of HIPPA if you suspect child abuse you have to report it when you are in a position of authority, Dr, Rn's, Teacher, Child care worker etc.

I am wondering if this is true.

So patient A comes in to get prenatal care, she is a 13 yr old female and because she is pegnant she doesn't need parent permission to be seen, (at least where this occured) so on the paperwork she lists this older guy she is with as the father, giving his DOB he is 24. In this state the legal consenting age is 18.

Now with this isnt their an obligation to report the baby's father as this would be statutory rape and child abuse? Or does reporting him break HIPPA laws.

The Dr. did nothing, said it was none of his buisness, he was retiring in 2 months and didn't want to hassle with anything.

[Pierrette]

If your state requires that child rape be reported, then HIPAA permits it.

[~Mi Vida Loca~RN, ASN, RN]

So some states won't allow you to report child abuse because of HIPPA laws? this was in CA so not my state I don't know the laws, I just was always under the impression Child Abuse HAS to always be reported. I am shocked and find it disturbing that this isn't the case

[meluhn]

So some states won't allow you to report child abuse because of HIPPA laws? this was in CA so not my state I don't know the laws, I just was always under the impression Child Abuse HAS to always be reported. I am shocked and find it disturbing that this isn't the case

I think it has to be reported, but child protective services could probably tell you for sure.

[P_RN, ADN, RN]

Some states have what is called an emancipated minor:

http://www.jlc.org/factsheets/emancipationus/

HIPAA :http://www.acf.hhs.gov/programs/cb/laws_policies/policy/im/2005/im0507.htm

The HIPAA Privacy Rule allows covered entities to disclose protected health information to report known or suspected child abuse or neglect, if the report is made to a public health authority or other appropriate government authority that is authorized by law to receive such reports. See 42 USC 1320d-7(b) and 45 CFR 164.512(b)(1)(ii).

That's about 1/3 the way down that page site.

[~Mi Vida Loca~RN, ASN, RN]

Some states have what is called an emancipated minor:

http://www.jlc.org/factsheets/emancipationus/

HIPAA :http://www.acf.hhs.gov/programs/cb/laws_policies/policy/im/2005/im0507.htm

That's about 1/3 the way down that page site.

Thank you, the girl wasn't emancipated, her parents were not aware she was pregnant. But the Dr. was aware that a man in his 20's was claiming to be the father. IMO it should have been reported since it wouldn't be breaking HIPPA either from the part you posted. I hope someone eventually stood up to protect this child

Thank You for the info.