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1.ME.58 |
Unemancipated Minors as Individuals
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Type: Policy
Category: General
Level: Community Care
Parties: Community Care employees and contractees
Printer Friendly Version: http://apps.comcareme.org/policymanual/default.aspx?code=1.ME.58&nonav=yes
Supporting References: HIPAA Privacy Rule Standard 164:504(g)3
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Parent |
Effective Date |
Approval Level |
Revision Dates |
Last Reviewed |
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N/A |
4-13-2003
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Board
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4-13-2003 |
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Related Document Code |
Related Document Name |
Type |
Policy: Community Care will treat minors as individuals (without parents, guardians, or someone acting in loco parentis) according to the following stipulations outlined below: If the minor consents to the service and no other consent for the service is required by law, and the minor has not requested that a person be treated as a personal representative; OR the minor may lawfully obtain the service without the consent of a parent, guardian, or person acting in loco parentis and the minor, court, or another authorized person consents to the service; OR a parent, guardian, or other person acting in loco parentis assents to an agreement of confidentiality between Community Care and the minor. However, if after making the above determination regarding the minor as an individual, Community Care will follow state law where they are incorporated or professional judgment criteria where State law does not exist as outlined below: If State or applicable case law permits disclosure of health information to a parent, guardian, or a person acting in loco parentis, Community Care may disclose information to the parent, guardian, or person acting in loco parentis. If State or applicable case law prohibits disclosure of health information to a parent, guardian, or a person acting in loco parentis, Community Care MAY NOT disclose information to the parent, guardian, or person acting in loco parentis. If there is NO applicable provision under State, case, or other law, Community Care may or may not deny access to a parent, guardian, or person acting in loco parentis provided that the decision is made by a licensed health care professional in the exercise of professional judgment.