Self consent rules in place for minors Published Nov. 16, 2007 By Brandi Hoff 90th Medical Group F. E. Warren AFB, Wyo. -- The 90th Medical Group provides safeguards to protected health information in accordance with DoD 6025.18-R and the Health Insurance Portability and Accountability Act of 1996. Disclosing protected health information of a minor is a violation of HIPAA when it is given to a non-custodial parent. When a divorce occurs, each parent is treated as a personal representative of the minor. This is not affected by who has custody unless there is a legal document granting the restriction of release of health care information to a parent. This may occur in custody decisions for abuse or neglect and the court document will state that one parent does not have the authority to access the health information of the minor. There are instances where Tricare covers stepchildren under the stepparent's eligibility. The HIPAA Privacy Rule states that the step parent has no right to have the minor child treated or have protected health information about the minor child unless there is a healthcare power of attorney provided to the step parent by the legal parent or guardian of the minor. Unmarried children under 18 years of age are considered minors. This is consistent with Wyoming state law. Minors must be accompanied by a parent or other person authorized to give informed parental consent before they can be examined and treated by a credentialed care provider. Parents may give authority to a third party to consent to medical or surgical treatment for minor dependents. This authorization is done by the execution of a Power of Attorney. Limited and general "Powers of Attorney" can be obtained from base legal services. A properly executed and notarized form will be placed in dependent's outpatient medical record. In some instances, a minor may self-consent to health care treatment as an adult: -The minor is or was legally married. -The minor is an active member of the armed forces. -The parents or guardian of the minor cannot, with reasonable diligence, be located and the minor's need for the health care treatment is sufficiently urgent or emergent to require immediate attention. -The minor is living apart from their parents or guardian and is managing their own affairs regardless of their source of income. -The minor is requesting evaluation or treatment for venereal disease to include investigation for sexual contacts, education, and reporting by public health. If referred to, or contacted by public health, interviews will be conducted and kept in a confidential manner. -The minor is requesting appropriate examination, counseling, provision of contraceptives for birth control purposes, and pregnancy testing. -The minor is completing a DoD medical examination review board physical exam. The 90th Space Wing legal office number is 773-2256, and they open 10 a.m. to 2 p.m. Monday through Thursday, and 10 a.m. to noon Friday. For more information call the HIPAA offices at 773-5566 or visit http//:www.tricare.mil/tmaprivacy/hipaa/hipaacompliance.