Published online December 16, 2008
PEDIATRICS Vol. 123 Supplement January 2009, pp. S116-S121 (doi:10.1542/peds.2008-1755M)
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SUPPLEMENT ARTICLE


Health Information Law in the Context of Minors

Sara Rosenbaum, JD, Susan Abramson, MHS and Patricia MacTaggart, MBA

Department of Health Policy, George Washington University, Washington, DC

This article presents a legal overview of privacy and autonomy considerations related to children in the context of health information technology adoption and use. All uses of health-related technologies take place within a legal framework that guides health care generally; the privacy laws and autonomy principles long predate health information technology and can be expected to shape its design and use. Furthermore, it is a legal tenet that technology advances shape the law, and this can be expected as health information technology use evolves. Most laws related to health care, medical practice, and the right to privacy are state-based and subject to high variability. As the health information revolution increasingly eliminates the importance of geographic boundaries to health care, interstate tensions can be expected to grow. Health information privacy law is even more complex in the case of children, because the relationship between privacy law and children is itself complex. The law considers minor children to be deserving of special protection against harm and risk exposure, and this concern extends to privacy. Regardless of whether minors can shield health information from parents, it is clear that parents and children have the power to control the flow of information to and among entities. Although information protections may pose a higher standard where information about children is concerned, this fact should not overshadow the extent to which information can be used under existing legal principles. Over time, as the security and safety of information sharing are established, the law may yet evolve to permit a freer flow of information.

Key Words: health information • HIPAA • privacy • minors

Abbreviations: HIT—health information technology • STD—sexually transmitted disease • HIPAA—Health Insurance Portability and Accountability Act • PHI—protected health information • FERPA—Federal Educational Rights and Privacy Act

Accepted Sep 11, 2008.


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