Disclosing a minor’s PHI via HIPAA compliant email requires careful consideration of who is authorized to receive the information, the security measures in place, and compliance with HIPAA and state-specific laws. By utilizing encrypted email services and minimizing the information shared, you can safely transmit a minor’s healthcare information while maintaining HIPAA compliance.
Who has the right to access a minor's PHI?
HIPAA typically allows parents or legal guardians to access and manage their child’s healthcare information, but there are some important exceptions:
- Sensitive health services: For certain sensitive services, such as mental health care, substance abuse treatment, or reproductive health, minors may have the legal right to maintain privacy from their parents.
- Emancipated minors: A minor who is legally emancipated (through marriage, court order, or other means) may control access to their own PHI.
- State laws: Some states have additional laws giving minors decision-making power about specific healthcare services and limiting parental access to PHI.
“However, even in these exceptional situations, the parent may have access to the medical records of the minor related to this treatment when State or other applicable law requires or permits such parental access,” says the HHS.
Choosing a HIPAA compliant email provider
When disclosing any form of PHI, the most important step is ensuring that the email system used complies with HIPAA's stringent security standards. Not all email services meet these requirements, so choose a provider that offers encryption and adheres to HIPAA guidelines. Paubox, for example, is a widely trusted HIPAA compliant email provider offering encryption for emails containing PHI. Unlike many other services, Paubox does not require recipients to log into a portal or use extra steps to access encrypted emails, making it the most user-friendly platform. In addition to encryption, Paubox offers features like email monitoring, secure attachments, and two-factor authentication, further enhancing security for healthcare organizations.
Best practices
- Use encryption: Always ensure that your email provider offers encryption to secure PHI during transmission, guaranteeing only authorized recipients can access the content and preventing potential breaches.
- Obtain appropriate authorizations: Before disclosing PHI, confirm whether the minor’s legal guardian or the minor themselves (if applicable) has provided the necessary written consent for the disclosure. Ensure authorization forms comply with HIPAA and local laws.
- Follow the Minimum Necessary Standard: When sharing PHI, disclose only the information that is essential to the purpose of the communication. Avoid including extraneous details to limit the risk of over-disclosure and ensure HIPAA compliance.
- Document every disclosure: Maintain accurate records of all email communications involving PHI. Documentation should include the recipient’s details, the specific information shared, and the purpose of the disclosure to provide an audit trail in case of compliance reviews.
- Encourage secure practices for recipients: Advise recipients to use secure email practices on their end, such as using HIPAA compliant email services, enabling two-factor authentication, and avoiding access to sensitive information on public or unsecured devices.
See also: HIPAA Compliant Email: The Definitive Guide
FAQs
What is PHI?
Protected health information (PHI) is any health information that can identify an individual and is used or disclosed in providing medical services. It includes details such as medical records, treatment information, and payment history.
Why must PHI be protected?
Protecting PHI maintains patient privacy, complies with legal requirements, and prevents unauthorized access or breaches of sensitive information.
Related: How to safeguard the PHI of minors
Tshedimoso Makhene
