Can a Minor Consent to the Release of Medical Reports Without Her Parent’s Consent When the Minor is Estranged From His or Her Parents?

New York law defines a “minor” or “infant” (the “Minor”) as “…a person who has not attained the age of eighteen years.” (See: N.Y. Gen Oblig. Law § 1-202.

The Minor may authorize the disclosure of her medical records.)

The Minor must have the (i) legal right to consent and (ii) the capacity to give informed consent for a minor to disclose his or her medical records.

If both conditions are not present, the Minor cannot consent to disclosure of her medical records.

Legal Consent

Under New York law, the following categories of Minors may legally consent in part to their health care: (i) pregnant teens; (ii) Minors who are parents; (iii) Married Minors; (iv) Minors serving in the armed forces; (iv) emancipated minors or (v) incarcerated minors pursuant to New York Public Health Law § 2504 (the “Legal Consent Statute”).

However, New York allows a Minor to disclose under the New York Statewide Health Information Network for New York (“SHIN-NY”).

A Minor Can Authorize the Disclosure to Medical Entities under New York SHIN-NY Program

Regulations issued under the HIPAA Law provide that the minor is considered an “individual,” vested with authority to consent to the disclosure of health information, when “[t]he minor consents to such health care service; no other consent to such health care service is required by law, regardless of whether the consent of another person has also been obtained; and the minor has not requested that such person [the parent or guardian] be treated as the person representative [who stands in for the minor].” 45 C.F.R. § 164.502(g)(3)(i)(A) (2017).

New York State created SHIN-NY which is overseen by the New York State Department of Health and governed by privacy and security policies and standards.

Patient information is protected under HIPAA, other applicable federal and state laws. Medical records are not publicly accessible. Only a patient decides who can see their records. As a patient, you must give consent to your doctor to access your records. A patient can opt-out at any time.

SHIN-NY define “minors consent patient information” as “patient information relating to health care of a patient under 18 years of age for which the patient provided his or her own consent as permitted by law, without a parent’s or guardian’s permission.” 10 N.Y.C.R.R. 300.5(b)(4).

Under SHINY-NY, a medical provider cannot “disclose minor consent patient information to the minor’s parent or guardian without the minor’s authorization.” Id at (b)(3)(ii).

SHIN-NY entities need the written authorization of a minor patient before disclosing information to a parent about a health service for which the minor gave legal, independent consent. 45 C.F.R. § 164.502(g)(3)(ii)(A), (B) (2017).

You should consult an attorney to discuss you matter. This blog is intended only for educational purposes. It contains only general matters about legal matters. It is not legal advice, and should not be treated as such.

Byron Quintanilla Esq.