Question: A minor patient requested a copy of his medical record. Would giving him access to the record be in violation of the privacy rule? Answer: "Not giving him access could be a violation," warns consultant Margret Amatayakul of Schaumburg, IL's Margret AConsulting. Your state statutes will determine the answer, she says.
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The Bottom Line: "If the state is silent, use your professional judgment," Amatayakul advises. However, if state law says no, you absolutely must follow that, she warns.
Tip: Review sections of the privacy rule dealing with minors before you consult your state's guidelines so that you know exactly what you're looking for, Amatayakul counsels.