Q&A: Sexually active minors
HIPAA Weekly Advisor, July 6, 2009
Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!
Q. Is asking a patient who is a minor if he or she is sexually active when a parent is present in the exam room a privacy violation?
A. In many states the answer would be yes. Many states protect minors’ right to privacy as it relates to sexual activity, contraceptives, and reproductive services. The HIPAA Privacy Rule requires covered entities to treat minors in this situation as adults, unless state law specifically requires or allows the release of medical information to parents or guardians. Physicians should review their state law before inquiring whether minor patients are sexually active. If state law prohibits asking the question or does not explicitly require or allow providers to inquire, doing so would be considered a violation of a minor’s privacy.
Editor's note: Chris Apgar, president of Portland, OR-based Apgar & Associates, LLC, answered this question. This is not legal advice. Consult your attorney regarding legal matters.
Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!
Related Products
Most Popular
- Articles
-
- Q/A: Volume requirement for reporting hydration services
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- Catch up on what's new with injections and infusions
- Topic: CMS, OESS post new security compliance review information, checklist
- HIPAA Q&A: Level of encryption needed for email
- Capturing all necessary codes for IUD insertion and removal can be challenging
- Identify potential Medicaid RAC target areas
- What does case-mix index mean to you?
- QA:Coding multiple initial infusions
- OB services: Coding inside and outside of the package
- E-mailed
-
- Q/A: Volume requirement for reporting hydration services
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- HIPAA Q&A: Level of encryption needed for email
- Q&A: Follow CMS' coding guidelines when using modifier -25
- Catch up on what's new with injections and infusions
- CMS has reformulated payments for some bilateral procedures
- New conflicts of interest create new challenges
- Q/A. One injection code or two?
- What does case-mix index mean to you?
- CHANGES COMING: Key differences in nationwide rollout
- Searched