Q&A: HIPAA access for stepparents

Q: What is involved for a stepparent who lives with the legal guardian to access medical records?

A: If the records are for a minor child who has been adopted by the stepparent, the stepparent has the right to access the child’s records. If the child has not been adopted by the stepparent, the child’s legal guardian must provide written authorization for the stepparent to access the child’s record. If the child is over the age of majority (usually 18 or 21 years of age, as outlined by state law), the child must provide written authorization for the stepparent to access his or her records.

Editor's note: Mary D. Brandt, MBA, RHIA, CHE, CHPS, is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. She is also an advisory board member for Briefings on HIPAA. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions.