Minimum age requirement. an authorized agency in connection with foster care or adoption of a child" (PHL 2782(1)(h)). Sexual intercourse with someone who is under the age of consent is only illegal if the defendant is: (1) at least 4 years older than the victim. For example, the Supreme Court of Idaho defined the ability to give legal consent to include: (1) the ability to recognize the potential consequences of sexual intercourse and, given this understanding, (2) the ability to make a knowing choice.[4]. The Department will enforce other State laws to the extent that the Privacy Rule does not preempt them. An official website of the United States government. A physician shall not disclose confidential HIV related information to a parent or guardian of a protected individual, if in the judgment of the physician, the disclosure would not be in the best interest of the protected individual, because HIPAA does not preempt State law that imposes privacy standards that are "more stringent than" the standards imposed under HIPAA (P.L. Community influencers will receive a monthly compensation of $75 for their active participation in meetings, focus groups, surveys and social media . It is not meant to be legal advice and is provided for illustrational purposes only. The Commissioner of DOH shall cause to be made scientific studies and research, and in conducting such studies and research, the commissioner is authorized to collect information, and such information shall be kept confidential and shall be used solely for the purposes of medical or scientific research or the improvement of the quality of medical care through the conduction of medical audits (PHL 206(1)(j)). 10 There are some cases where a states laws regarding sexual intercourse are not consistent with one or more of its laws governing other types of sexual acts. As of 2022, all jurisdictions have laws that explicitly allow a minor of a particular age (as defined by each state) to give informed consent to receive STD diagnosis and treatment services. The age of consent varies by state and ranges from 16 to 18. . "Authorized adults" also include: PDF Release of Information for Minors and HIPAA in Alabama - Army For more information about consent issues, see the Texas Health Steps Online Provider Education module Teen Consent and Confidentiality. 23 In Arkansas, marriage is a defense to 2nd, 3rd, and 4th degree sexual assault but not rape. The U.S. Department of Health and Human Services (HHS) is concerned about the health of adolescents, including unwanted sexual contact at a young age. This report focuses on laws that criminalize voluntary sexual acts involving a minor that would be legal if not for the age of one or more of the participants. Note: The minor consent law information in this chart was adapted from State Policies in Brief: An Overview of Minors' Consent Law (New York: The Guttmacher Institute, August 1, 2012), In Zipline. PHI that is de-identified under HIPAA is no longer PHI and is no longer subject to HIPAA (164.514(a), (b), (c)). So long as the patient does not object, HIPAA allows the provider to share or discuss a patients mental health information with the patients family members. The District of Columbia Code mandates that all child sexual abuse investigations be conducted by a multi-disciplinary team that must include at least one representative from: law enforcement, social services, child advocacy centers, and the city and federal prosecutors offices. States can formalize such cooperation by requiring relevant agencies to develop a memorandum of understanding (MOU) for responding to reported abuse. MDHHS recognizes the valuable time, effort and expertise shared by community influencers and has developed a compensation plan for their contributions. It relies on the most recent information available; however many of the state statutes referenced were unannotated. U.S. Department of Health and Human Services As of June 1, 2023 State Laws and Policies Minors' Access to Contraceptive Services Background Over the past 30 years, states have expanded minors' authority to consent to health care, including care related to sexual activity. If an entity is subject to both Part 2 and HIPAA, it is responsible for complying with the more protective Part 2 rules, as well as with HIPAA. copies of all . The U.S. Department of Health and Human Services (HHS) is concerned about the health of adolescents, including unwanted sexual contact at a young age. Understanding the different terms used in a state statute is especially important in those states where an individual may be able to legally consent to one type of sexual activity but not another. Each is described below. PHL 18 prevails if disclosure would cause substantial harm to the other person. Adolescents who are sexually active at a young age are more likely to have experienced coercive sex. practitioner's personal notes and observations, PHI does not make reference to another person, provider determines that the request to review all or a part of the patient information can reasonably be expected to cause substantial and identifiable harm to the subject or others, substantial and identifiable harm to the subject or others, would outweigh the qualified person's right of access, The request is made by the individual's personal representative, substantial harm to the individual or another person, substantial and identifiable harm to the subject or others which would outweigh the qualified person's right of access, authorized pursuant to law to consent to health care, provided, however, that the physician shall not make such disclosure if, disclosure would not be in the best interest of the protected individual, Health & Safety in the Home, Workplace & Outdoors, Clinical Guidelines, Standards & Quality of Care, All Health Care Professionals & Patient Safety, Health Insurance Portability and Accountability Act (HIPAA), James V. McDonald, M.D., M.P.H., Commissioner, The Latest on New York's Response to COVID-19, Multisystem Inflammatory Syndrome in Children (MIS-C), Health Care and Mental Hygiene Worker Bonus Program, Lyme Disease & Other Diseases Carried By Ticks, Maternal Mortality & Disparate Racial Outcomes, NY State of Health (Health Plan Marketplace), Help Increasing the Text Size in Your Web Browser. Authorization to Disclose . Local law enforcement agencies are responsible for conducting the initial investigation in approximately one-fifth of states. Although these laws also address neglect, child maltreatment, and non-sexual abuse, this report focuses only on those sections of the laws addressing sexual abuse. Thus, the Department will continue to enforce such State laws that are within the Department's purview to enforce. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") gave the federal Department of Health and Human Services ("HHS") the authority to promulgate regulations containing standards with respect to the privacy of individually identifiable health information. 20 The Georgia, Mississippi, Missouri, North Carolina, and Tennessee statutes include the offense of statutory rape. Permitted disclosures of mental health information and substance use A medical record access review committee appointed by the commissioner of the Department of Health (DOH) reviews appeals of denials of access (18(4)). 2086-Does the HIPAA Privacy Rule permit a doctor to discuss a patient's health status, treatment, or payment arrangements with a person who is not married to the patient or is otherwise not recognized as a relative of the patient under applicable law? If the Departments investigation indicates that the child in question has been the victim of criminal abuse, the Department transfers the case to law enforcement so that it may initiate a criminal investigation. [or] an employee or agent of the division of probation and correctional alternatives or any local probation department . Health care providers may disclose the necessary protected health information to anyone who is in a position to prevent or lessen the threatened harm, including family, friends, caregivers, and law enforcement, without a patients permission. Federal government websites often end in .gov or .mil. Does not apply to psychotherapy notes (164.524(a)(1)(i), 164.501(Psychotherapy notes)). Increasingly, states are emphasizing interagency collaboration in child abuse investigations. HIPAA does not preempt PHL 2782(1)(h), but HIPAA may require an authorization to disclose confidential HIV related information to an authorized agency in connection with foster care or adoption of a child, if the agency is not a "person acting. HIPAA defers to state law to determine the age of majority and the rights of parents to act for a child in making health care decisions, and thus, the ability of the parent to act as the personal representative of the child for HIPAA purposes. Influencers must be 18 years of age or older. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 200 Independence Avenue, SW For example, New Hampshire defines felonious sexual assault as voluntary sexual penetration with someone who is at least 13 years of age and under 16 years of age, as well as acts involving the use of physical force irrespective of the age of either party. Provider must permit visual inspection within 10 days and furnish a copy within a reasonable time if the provider has space available to permit visual inspection, or must provide a copy within 10 days if the provider does not have space available to permit visual inspection (18(2)(a), (d), (g)). HHS promulgated the federal standards, and they are now in Parts 160 and 164 of Title 45 of the Code of Federal Regulations (the "Privacy Rule"). Sarah Brown, Eva Klain, and Brenda Rhodes Miller provided us with valuable guidance and insights into legal issues and the policy implications of the laws and reporting requirements. In North Carolina, the age of consent is 16. A "covered entity" may generally disclose PHI to another covered entity for treatment, payment or health care operations without consent (164.502(a)(1)(ii), 164.506(a), 164.506(c)). The legal age of consent varies from 16 to 18 years old from state to state across the United States. Half of children born to minors are fathered by adult men, and sexual partners of these adolescents are often 3 to 6 years older. Statutory Rape: A Guide to State Laws and Reporting Requirements Statutes from each of the 50 states and the District of Columbia were the primary sources of information for this report. In the District of Columbia it is illegal to engage in sexual intercourse with someone who is under the age of consent (16) if the defendant is 4 or more years older than the victim. PDF Privacy, Please: Health Consent Laws for Minors in the Information Age None of the information that must be kept confidential under PHL 2805-m is part of an individual's designated record set under HIPAA, because such information is not used to make decisions about the subject of the PHI. 762 (1988). HIPAA generally follows state law about parents' authority over their minor children's treatment.Therefore, where state law gives your minor child the ability to consent to their own treatment and yourchild has consented, HIPAA does not give you the right to access information about that treatment. 14 It is illegal to engage in a sexual act with someone who is less than 14 years of age regardless of the age of the defendant. Secure .gov websites use HTTPS Parents may consent for minors. Special Report: Can Statutory Rape Laws Be Effective In Preventing Adolescent Pregnancy?. . photo via: TIME Children become eligible for mental health treatment and services at age 12 that do not require consent from a personal representative. Each U.S. state has its own general age of consent. Oberman, M. (2000). DOH could be asked to represent that the requested disclosure is the minimum necessary. Each state summary (Section III) includes a table detailing all of the offenses in the statute that deal with statutory rape. Michigan also requires medical providers to report all cases where a child under 12 years of age is pregnant or has a sexually transmitted disease. . The descriptions of the criminal sexual acts are based on information from states criminal or penal codes. When can a minor access health care without parental consent? PDF Minor's Medical Treatment and Records - Legal Issues. Generally, yes. The provider may impose a reasonable charge, not to exceed costs and not to exceed 75 per page, but the release of records cannot be denied solely because of inability to pay (18(2)(e)). All ages listed are the age of majority within the state except where otherwise noted. Sex and Americas Teenagers. ." Share sensitive information only on official, secure websites. On April 14, 2003, the new Health Insurance Portability and Accountability Act (HIPAA) privacy regulations went into effect, which require protection of Protected Health Information (PHI) and limit the disclosure of this information without the consent of the individual. 35 Some state statutes require the state agency responsible for receiving reports to maintain a toll-free hotline for the sole purpose of receiving reports. Can a covered entity use existing aspects of the HIPAA Privacy Rule to give individuals the right to decide whether sensitive information about them may be disclosed to or through a health information organization (HIO)? HIPAA permits health care providers to disclose to other health providers any protected health information (PHI) contained in the medical record about an individual for treatment, case management, and coordination of care and, with few exceptions, treats mental health information the same as other health information. In 27 states that do not have a single age of consent, statutes specify the age below which an individual cannot legally engage in sexual intercourse regardless of the age of the defendant (see the second column in Table 1). We summarized state laws and regulations on minor consent for the following: health services, substance abuse treatment, prenatal care, mental health care, contraceptive management, immunizations, sexually transmitted infection management, human immunodeficiency viruses testing and treatment, dental care, and sexual assault evaluation. PDF When Your Child, Teenager, or Adult Son or Daughter has a Mental The statutes often provide a range of sentences and this ordering does not take into account the effect of any sentencing recommendations in the statutes or other documents. It is important to understand how HHS grantees can meet those responsibilities within the context of their organizational missions, which may involve the provision of confidential services. PDF Texas Health Steps Adolescent Health Guidance for Providers In some states, marriage is a defense to all of the crimes listed (e.g., Alaska, District of Columbia, West Virginia); other states exclude some of the more aggravated offenses from this exemption (e.g., Arkansas, Louisiana, Mississippi).23 In a few states, the criminal statutes identify age limits for the marriage exemptions.24 Individual state summaries note those crimes that include spousal exemptions.25. Only 12 states have a single age of consent, below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent. Where the HIPAA Privacy Rule applies, does it allow a health care provider to disclose protected health information (PHI) about a troubled teen to the parents of the teen? In most states, the responsibility for the initial investigation of reported child abuse falls to law enforcement, the state agency responsible for child protective services, or some combination of the two. . . Each state summary highlights the required response of the state and local agencies that receive reports of suspected child abuse. Secure .gov websites use HTTPS 36 Nine of these states only require a follow-up report if the agency receiving the report requests one. 200 Independence Avenue, S.W. In Rhode Island, as noted above, the law requires reports of non-familial cases in two situations, one of which is if the mandated reporter is a physician or nurse practitioner who treats a child less than 12 years of age who is infected with a sexually transmitted disease. For the purposes of this overview, statutory rape refers to sexual acts that would be legal if not for the age of at least one of the parties. Assistant Secretary for Planning and Evaluation, Room 415F . The site is secure. . . As noted above, most states do not have laws that specifically use the term statutory rape; only five include the offense of statutory rape.20 More often, state statutes include a variety of offenses addressing voluntary sexual activity involving minors. The agency must ensure that the following officials sign the MOU: a juvenile judge in the county; the county peace officer, chief municipal peace officers, and local other law enforcement officers that handle abuse cases; the prosecuting attorney of the county; and the county humane officer. Individuals have a right to have a covered entity amend inaccurate or incomplete PHI about themselves created by a health care provider. A licensed health care professional must be designated by the provider as a reviewing official to make a final determination (164.524(d)(4)). (2003). Has Close-In-Age Exemption. As of this writing, all of the statutes were current through at least 2003. If you are a victim of sexual assault or statutory rape, call the 24-hour RAINN help hotline at 800-656-HOPE, Find Age of Consent laws around the world. More often, states vary in terms of the applicability of the reporting requirements. The .gov means its official. law, . 104-191, 264(c)(2)). Under the provisions of the Privacy Rule, the Privacy Rule does not alter State laws that permit individuals greater rights of access to or amendment of their own individually identifiable health information (45 CFR 160.202(More stringent)). At what age of a child is the parent no longer the personal Although these terms may be overly simplistic, they communicate the legal role each party plays with respect to the laws discussed in the report.[6]. While that sounds simple and straight forward, once the minor reaches the age of 12, they obtain the right to receive certain services that do not require consent from a parent or guardian. In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim. See 45 CFR 164.502(g). These include: [2] The Alan Guttmacher Institute (1994). States statutory rape offenses detail the age at which an individual can legally consent to sexual activity. In addition, the summaries do not include laws that criminalize specific sexual behavior (e.g., sodomy, bestiality) or deal primarily with prostitution, sexual exploitation,[7] or enticement. State statutes vary in the level of detail they provide. However, sexual contact or sexual touching with someone who is less than 14 years of age is legal under certain circumstances. If under applicable law a person has authority to act on behalf of an individual who is. "If, and. Any minor who is 14 years of age or older, or has graduated from high school, oris married, or having been married is divorced or is pregnant may give effectiveconsent to any legally authorized medical, dental, health or mental health servicesfor himself or herself, and the consent of no other person shall be necessary. In some states, the responsibility for the initial investigation depends on the relationship between the victim and the defendant. www.txhealthsteps.com A minor parent can consent to immunizations for his or her own child. 104-191, 264(c)). Generally they include requirements addressing which entities, if any, the agency receiving the initial report must notify, the timeframe for this notification, and the requirements for investigating reported abuse. Additional individuals eligible for inclusion in multi-disciplinary teams include: representatives from the public schools, mental and physical health practitioners, child development specialists, and victim counselors. State law can override HIPAA. However, the reporting requirements only apply to the violations of certain criminal offensesnamely, those addressing situations involving victims under 16 years of age where there is an especially large difference in the age of the two parties.27. . 37 The exact titles of these agencies vary by state. Donovan, P. (1997). Young adults are entitled to the same confidentiality protections under state and federal laws as other adults. . In such cases, mandated reporters are required to notify the proper authorities if they suspect that a child has been a victim of any of these offenses. 28 2002 Conn. AG Lexis 33, September 30, 2002. In the United States, the Age of Consent is the legal age at which an individual is considered mature enough to consent to sex.