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State Age Guidelines Dictate Disclosure of Protected Health Information (Article 1)

It may come as a surprise to some parents, but depending on your child’s age and where you live, you may not be entitled to know everything there is to know about your child’s medical treatment. These restrictions are especially important when it comes to information about behavioral health and substance use treatments.

When responding to your requests for this information, your doctor or other health care provider must adhere to Health Insurance Portability and Accountability Act (HIPAA) and differing state guidelines governing the release of protected health information (PHI).

Based on your child’s age and where you live, ValueOptions TRICARE and providers may need your child’s permission before they can provide you with PHI dealing with behavioral health care.

Laws throughout the TRICARE South Region vary greatly from state to state. For example, in Florida health care providers must receive consent from patients 12 years old and up to release information about their behavioral health. But, just next door in Georgia, consent is required from patients 18 years old and up.

HIPAA-covered PHI is information created and obtained by providers as they administer services to beneficiaries. PHI may include documentation of symptoms, examination and test results, diagnoses and treatments.

Other personal information also considered PHI includes, but is not limited to:
State
Age when patient consent is required for release of behavioral health information
Patient consent required for release of chemical and alcohol use information

AL

14 or older

Yes

AR

18 or older

Yes

FL 

12 or older

Yes

GA

18 or older

Yes

LA

18 or older

Yes

MS

15 or older

Yes

OK

16 or older

Yes

SC

16 or older

Yes

TN

16 or older

Yes

TX

16 or older

Yes
  • Home address
  • Home telephone number
  • Race
  • Social Security number
  • Medical records
  • Photographs
  • Any information that may compromise the privacy of, or prove harmful to, the beneficiary

Regardless of a minor patient’s age, providers must receive that patient’s consent before releasing information involving chemical abuse and alcohol dependency to their parents.

In situations where a non-custodial parent requests information about a child’s treatment, the release of information may not be allowed and is dependent on the divorce decree.


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Last Reviewed:  December 4, 2007