PUBLISHERS UPDATE: Here is one of my favorite posts about the importance of HIPAA forms from back on December 30th, 2017! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!
Ohio HIPAA Authorization Form
Parents spend their entire lives worrying about, and trying to protect their children. When they are younger, we try to teach them the necessary skills they will need to become a successful adult, and above all, keep them safe.
In Ohio, once a person turns 18 years old, they are no longer considered a “child” in the eyes of the law, though, for a parent, they will always be considered such. Therefore, imagine the potential nightmare that could occur if your young, adult child were to be involved in an accident leaving them incapacitated, and the medical staff informs you that they cannot give you any information due to HIPPA regulations.
Download a sample Medical Information HIPAA Release Form For Your Adult Child To Complete
The Health Insurance Portability and Accountability Act of 1996, (HIPAA) is a federal law that safeguards who can access an adult’s private health information. Under this, a covered entity cannot technically share an adult’s medical data with others unless specifically authorized by the patient to do so. Of course, like all things, there are exceptions to this rule.
According to 45 C.F.R. 164.510(b), a covered entity is allowed to share medical information with family and friends identified by the patient. As such, the patient must be able to agree to the disclosure of information, or, when given the opportunity, they must not object. So, what happens then in the situation above when your adult child in College is unconscious and/or incapacitated?
HIPAA states that if the patient is unavailable to discuss who the covered entity may talk with, it can disclose pertinent information if in “exercising professional judgment,” it determines doing so would be in the “best interest of the patient.” 45 C.F.R. 510(b).
Have your adult child execute a release form so you will able to access their medical records
As such, it is essentially within the treating facility’s discretion whether or not they will discuss medical information with the parent of an adult child. While many hospitals would likely go ahead and share the information with the family of the patient, as a parent you must decide whether you want to risk the possibility of this not happening. What if you were not allowed to be informed of, or aid in your child’s medical decisions?
By simply having your child fill out a HIPAA release form naming you as an authorized party, you will be able to access their medical information should the need arise. Having this document on file can save a lot of potential time and heartache should the unimaginable happen. Do not hesitate. Have your adult child execute a HIPAA release form today.
We have attached to this article a link to a sample HIPAA release form that you can print off to have your adult age child complete!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
