As a parent, either biological or step-parent, one of the most confusing things can be your child's medical records.
Who has access to them?
What are the policies, rules and regulations that cover who can and cannot access a child's medical records?
You may be surprised as to what you find out…
One of the most frustrating parts of a medical professional's job is dealing with the release of a child's medical information to divorced parents, parents that are divorcing, or parents who are remarried to a person other than that child's biological parent.
The most recent information on this issue was released from Medical Command on 1 July 2015 and it specifically addresses the release of a child's medical information to biological parents, step-parents, or even a primary caregiver.
The primary caregiver could potentially be a child's aunt or uncle or even grandparents.
A child's medical information includes but is not limited to written medical records, verbal disclosures like office visits, and telephone calls.
A step-parent does not have the same right of access to a minor child's medical information as a biological parent.
The biological parent who married the step-parent can give the step-parent a written Medical Power of Attorney (POA) on behalf of the child.
This enables the step-parent to receive the child's medical information, oral release of information during appointments, or even schedule doctor's appointments.
This is true even if the two original biological parents are divorced and one or both are remarried.
The bottom line is any new spouse (step-parent) must have a Medical POA from the biological parent in order to receive medical information about the step-child, EVEN if the step-parent is the service member/sponsor.
Of course like most situations, there could be a special circumstance that arises.
The only time a biological parent can be excluded from receiving his/her own child's health care information is by a court order.
It does not matter if one biological parent has sole custody or physical custody.
A court order would have to specifically prohibit the biological parent from receiving their child's medical information.
Adoption is another special circumstance which has its own rules.
When a step-parent has legally adopted his/her spouse's biological child, he/she will then have the same rights to the child's medical information.
The adoption papers should be presented to the clinic only once at which it then becomes a permanent part of that child's record.
The matrix listed will give a quick and easy guide as to who has access to a minor's medical information and who does not.
Primary care providers, pediatricians, Emergency Department providers, and specialty clinics caring for Tricare beneficiary suggest that biological parent(s) give a healthcare power of attorney to the step-parent, if they want the step-parent to have access to the minor's medical information.
Biological parents that need to get a medical power of attorney are welcome to visit the Tripler Army Medical Center's Judge Advocate General (JAG) Office or call them at (808) 433-2472 to obtain a Medical POA.
Social Sharing