Question

multiple choice question

under what condition may a covered entity choose to deny a parent access to a minors protected health information (phi)?

if the parent is not the minors personal representative
if the minor reaches the age of majority
if the decision is made by a licensed healthcare professional
if the minor requests that their phi remain confidential

Explanation:

Understand the regulatory context

Using the Minor PHI Access Rules knowledge point
Under the HIPAA Privacy Rule, a parent is generally considered the "personal representative" of their minor child and has the right to access the minor's Protected Health Information (PHI). However, a covered entity may deny this access under specific, legally defined conditions.

Evaluate the options

Using the Minor PHI Access Rules knowledge point

• Option 1: "if the parent is not the minor's personal representative" — If a parent is not the personal representative (e.g., parental rights terminated, or the minor consented to care independently where allowed by state law), the parent has no automatic right to access. In this case, the covered entity must deny access rather than simply choosing to deny it based on professional judgment.
• Option 2: "if the minor reaches the age of majority" — Once a minor reaches the age of majority, they are legally an adult, and the parent is no longer their personal representative. Access is restricted by law, not by a choice of the covered entity.
• Option 3: "if the decision is made by a licensed healthcare professional" — Under HIPAA, a covered entity may choose to deny a personal representative (including a parent) access to a minor's PHI if a licensed healthcare professional determines, in the exercise of professional judgment, that providing access is reasonably likely to cause substantial harm to the minor or another person.
• Option 4: "if the minor requests that their PHI remain confidential" — A minor's request alone does not grant the covered entity the unilateral authority to deny parental access unless state law or professional judgment regarding safety/abuse supports it.

Answer:

• if the parent is not the minor's personal representative
• if the minor reaches the age of majority
• if the decision is made by a licensed healthcare professional (Correct answer)
• if the minor requests that their PHI remain confidential