Where the patient is a minor and to avoid breaching the patient’s confidentiality and trust with the provider, will the Preventing Harm Exception cover an actor’s practices that interfere with a parent or legal representative’s access, exchange, or use of the minor’s EHI?
Where the patient is a minor and to avoid breaching the patient’s confidentiality and trust with the provider, will the Preventing Harm Exception cover an actor’s practices that interfere with a parent or legal representative’s access, exchange, or use of the minor’s EHI?
No. Unless an actor reasonably believes a practice that interferes with a parent or other legal representative’s requested access, exchange, or use of the minor’s electronic health information (EHI) will substantially reduce a risk of at least substantial harm to the patient or another person, the Preventing Harm Exception is not designed to cover that practice.
The Privacy Exception contains a sub-exception (45 CFR 171.202(e)) that covers practices respecting an individual’s request not to share information, subject to certain conditions.