FAQ 340 As a pediatrician, am I required to give my notice of privacy practices to the children I treat?
This is guidance for providing notice to children in treatment.
Final
Issued by: Office for Civil Rights (OCR)
As a pediatrician, am I required to give my notice of privacy practices to the children I treat?
Answer:
The HIPAA Privacy Rule requires a covered health care provider with a direct treatment relationship with the individual to provide the notice to the individual receiving treatment no later than the date of first service delivery. In cases where the individual has a personal representative, as is generally the case when a parent brings a child in for treatment, the provider satisfies the notice distribution requirements by providing the notice to the personal representative (e.g., the child’s parent), and making a good faith effort to obtain the personal representative’s acknowledgment of the notice.
In the limited cases where the parent is not the personal representative of the unemancipated minor, such as when the minor is authorized under State law to consent to the treatment and does so, the provider must give its notice to the minor and make a good faith effort to obtain the minor's acknowledgment of the notice. See 45 CFR 164.502(g)(3) and 164.520(c)(2).
Date Created: 12/20/2002
HHS is committed to making its websites and documents accessible to the widest possible audience, including individuals with disabilities. We are in the process of retroactively making some documents accessible. If you need assistance accessing an accessible version of this document, please reach out to the guidance@hhs.gov.
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.