200 Independence Avenue, S.W. 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. Under the Supremacy Clause of the U.S. Constitution, federal law preempts State law when preemption is the clear and manifest purpose of Congress. There are three situations when the parent would not be the minor's personal representative under the Privacy Rule. However, cases alleging abuse by a person not responsible for the care of the victim must be immediately forwarded to law enforcement and the district attorneys office. The report does not include laws where the legality of the sexual acts is dependent on the relationship of the participants (e.g., incest, sex between teachers and students or doctors and patients). The Office of the Assistant Secretary for Planning and Evaluation (ASPE) within HHS, and its federal partner agencies, are focusing on three federally funded programs that have contact with adolescents: Title X family planning clinics, Health Resources and Services Administration-supported health centers, and child protective services. Thus, the Department will continue to enforce such State laws that are within the Department's purview to enforce. The majority of the reporting requirements deal primarily with child abuse. Rhode Island law only requires reports of non-familial cases in two situations: (1) if the defendant is less than 18 years of age; or (2) if the mandated reporter is a physician or nurse practitioner who treats a child who is less than 12 years of age and has been infected with a sexually transmitted disease. 27 Although the reporting requirements in many states make reference to one or more of the states statutory rape laws, California is somewhat of an exception in that the reporting requirements are included in the same section of the statutes (the penal code) as the criminal laws addressing sexual activities with minors. Covered entities may disclose PHI to DOH under PHL 206(1)(j): (1) if the subject authorizes the disclosure under HIPAA; or. (164.512(f)(1)(ii)). Toll Free Call Center: 1-877-696-6775, Content created by Office for Civil Rights (OCR). Washington, D.C. 20201 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. (2) Age of majority is 19. photo via: TIME Children become eligible for mental health treatment and services at age 12 that do not require consent from a personal representative. The Department will enforce other State laws to the extent that the Privacy Rule does not preempt them. In Zipline. Does the HIPAA Privacy Rule permit a covered entity to disclose psychotherapy notes to or through a health information organization (HIO)? A licensed health care professional must be designated by the provider as a reviewing official to make a final determination (164.524(d)(4)). It relies on the most recent information available; however many of the state statutes referenced were unannotated. Few states allow mandated reporters to exercise discretion in deciding which cases to report. Below are . 13 Intercourse with a female who is less than 18 years of age is illegal regardless of the age of the defendant. As this document indicates, there is wide variation among laws and reporting requirements in different states. The reviewing official reviews HIPAA issues, and the medical record access review committee reviews PHL 18 issues. 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). The Institute's portal allows a third. The legal age of consent varies from 16 to 18 years old from state to state across the United States. 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. In Minnesota, for example, such a case is only a reportable offense if the reporter suspects that a defendant has sexually abused two or more children not related to the defendant in the past 10 years. . Consider Iowa, where statutory rape is only included in the definition of child abusethereby making it a reportable offenseif the victim is under 12 years of age. Except in an emergency treatment situation, a provider must make a good faith effort to obtain a written acknowledgment of receipt of the provider's Notice of Privacy Practices, and if not obtained, document its good faith efforts to obtain such acknowledgment and the reason why the acknowledgment was not obtained (164.520(c)(2)(ii)). HIPAA HIPAA - the federal Health Insurance Portability and Accountability Act - provides protections for patients' privacy rights. A non-participating provider shall provide an enrollee's organization with such patient information as is reasonably required by the organization to administer its plan. It is not meant to be legal advice and is provided for illustrational purposes only. The chart below consolidates published ages of consent for the various states. Subsection 2 describes briefly the variety of offenses delineated in state statutes. Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor childs personal representative when such access is not inconsistent with State or other law. For example, in Massachusetts, the age of consent is 16. If either of these is missing, the consent of a legally responsible adult will be necessary. Individual may challenge the accuracy of information and may require that a brief written statement prepared by the individual concerning the challenged information be inserted into the medical record (18(8)). The laws referenced in this report generally come from two areas of states statutes.[8]. law, . The HIPAA Privacy Rule would defer to State or other applicable law that addresses the disclosure of health information to a parent about a minor child. . For example, although most states identify coroners and medical examiners as mandated reporters, they have been omitted from the state summaries. Parents have no right of access if minor can lawfully obtain health care service without the consent of a parent (164.502(g)(3)(i)). A summary of statutory rape and reporting laws for each state and the District of Columbia. In cases involving sexual intercourse, defendants over 16 years of age who are at least 2 years older than the victim are guilty of rape in the second degree. No conflict, because it is possible to comply with both the State and federal requirements. 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. In Ohio, sexual intercourse with someone under 13 years of age is illegal regardless of the age of the defendant. Moreover, in California, a minor age fifteen or older can consent to medical care if they live separate from their parents and manage their own financial affairs. An official website of the United States government. *Abigail English et al., State Minor Consent Laws: A Summary, 3rd ed. PHL 2805-m prevails. As of this writing, all of the statutes were current through at least 2003. 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. Physicians, physician's assistants and specialist's assistants must comply with both HIPAA and State law. Cornell University, Legal Information Institute. Instead, criminal codes specify the legality of specific sexual acts. Nationwide, age cut-off for minors' consent ranges from age 10 to 16, according to state laws and practice policies. A covered entity may not disclose PHI about an unemancipated minor to a parent, guardian, or other person acting in loco parentis to the extent that an applicable provision of State or other law, including applicable case law, prohibits such disclosure (164.502(g)(3)(ii)(B)). A covered entity may use and disclose PHI for treatment, payment, or health care operations without consent (164.502(a)(1)(ii), 164.506). . The only states in which the child protection agency is not designated to receive reports are those with separate reporting procedures for cases not involving abuse perpetrated by a person responsible for the victim. 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)? . 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. 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. 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)). 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. 22 Most statutes categorize crimes based on the severity of the act (e.g., 1st, 2nd, or 3rd degree rape). See 45 CFR 164.510(b)(1)(ii). 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. a covered entity may not disclose, or provide access . For example, research finds that: Adolescents who are sexually active at a young age are more likely to have experienced coercive sex. (PHL 17). 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. Approximately one-half of all states require child protective services or some other human services agency to conduct the initial investigation. In order to help you provide appropriate and patient sensitive care, here . If a parent requests information concerning a child over 12 years old, the practitioner may notify the child and if the child objects to disclosure, may deny the request (18(3)(c)). Generally, the Privacy Rule applies uniformly to all protected health information, without regard to the type of information. 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. Authorization to Disclose . [of a patient, a provider] . Generally, the Part 2 rules provide more stringent privacy protections than HIPAA, including in emergency situations. Eichenberger v. Stockton Pregnancy Control Medial Clinic, Inc., 249 Cal. However, if the victim is above this minimum age requirement (13) and below the age of consent (16), it is only illegal to engage in sexual intercourse with that individual if the defendant is at least 18 years of age. Sex and Americas Teenagers. 2241 and 2243. In addition to the actual state statutes, a number of documents and on-line resources provided valuable supplementary information. Has Close-In-Age Exemption. For example, Alabamas laws regarding the legality of sexual activities with individuals who are under 16 years of age and more than 12 years of age differ depending on the nature of the activities. Nor would HIPAA require an authorization to disclose confidential HIV related information under these provisions, because such disclosures may be required by law or are for law enforcement purposes to law enforcement officials in compliance with and as limited by the relevant requirements of an administrative request. 18 It is illegal to engage in a sexual penetration with someone who is less than 13 years of age regardless of the age of the defendant. Share sensitive information only on official, secure websites. However, sexual contact with someone who is at least 13 years of age is legal under certain circumstances. The following examples illustrate the variation among these states. Some states define minimum age thresholds for defendants and age differentials. Such provisions are common in states where the definition of child abuse does not include statutory rape. The remainder of this chart is confined to the law for "health care providers" under State law. 45 CFR 164.510(b)(1)(i).ER: HIPAA expressly defers to the professional judgment of health professionals in making determinations about the nature and severity of the threat to health or safety posed by a patient. Statutory rape laws continue to evolve in the wake of the reforms of the past 30 years. In those states where the definition of child abuse does not explicitly refer to statutory rape, discrepancies between the legality of certain sexual activities and whether they are reportable offenses are more common. It is also intended to serve as a resource for HHS grantees to better understand their legal obligations with respect to statutory rape. [or] an employee or agent of the division of probation and correctional alternatives or any local probation department . National Center for Prosecution of Child Abuse (2003). A covered entity generally must have authorization to disclose PHI for other purposes (164.508). 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. 2023 AgeOfConsent.net. 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"). A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The site is secure. Under 42 CFR Part 2 (hereafter referred to as "Part 2"), a patient can revoke consent to one or more parties named in a multi-party consent form while leaving the rest of the consent in effect. General rule is that parent has access (18(2), 18(1)(g)). State. Individuals have a right to have a covered entity amend inaccurate or incomplete PHI about themselves created by a health care provider. Yes. . With respect to general treatment situations, a parent, guardian, or other person acting in loco parentis usually is the personal representative of the minor child, and a health care provider is permitted to share patient information with a patients personal representative under the Privacy Rule. In Nevada, the age of consent is 16; however, sexual intercourse with someone who is under 16 years of age is illegal only if the defendant is at least 18 years of age (the age at which the defendant can be prosecuted). . However, sexual contact with someone who is at least 14 years of age is legal under certain circumstances. The U.S. Department of Health and Human Services ("HHS") issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 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. More frequently, a states statute will include a number of offenses that have age-specific provisions addressing voluntary sexual acts and the age at which an individual can legally consent to such acts. 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. 200 Independence Avenue, SW Alabama. . For example, in Texas any individual who suspects child abuse is required to notify the proper authorities. In Washington, sexual intercourse with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is 4 or more years older than the victim. Local law enforcement agencies are responsible for conducting the initial investigation in approximately one-fifth of states. Limitations on parental access. PHL 17 prevails, because disclosures under PHL 17 are "required by law. law, . Teams efforts are to be governed by a written protocol outlining investigative responsibilities, prosecutorial procedures, and treatment options and services for both victims and defendants. 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. See 18 U.S.C.A. 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. For more information about consent issues, see the Texas Health Steps Online Provider Education module Teen Consent and Confidentiality. 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. The legal age of consent varies from 16 to 18 years old from state to state across the United States. Adolescents who are sexually active at a young age are more likely to have experienced coercive sex. The individual state summaries, in Section III of the report, reference the specific offenses that constitute statutory rape. HIPAA, with few exceptions, treats all health information, including mental health information, the same. HIPAA is intended to be a set of minimum federal privacy standards, so it generally is possible to comply with HIPAA and other laws, such as 42 CFR Part 2, that are more protective of individuals privacy. . In some states, a child who is pregnant or infected with a sexually transmitted disease is sufficient to cause reasonable suspicion of abuse, thereby necessitating a report. In 12 of these states, the legality is based solely on the difference between the ages of the two parties. If disclosure is not pursuant to an authorization, covered entities must limit PHI disclosed for research to that which is reasonably considered to be the "minimum necessary" to accomplish the research (164.514(d)(3)(ii)). An official website of the United States government. Generally, yes. "If, and to the extent, permitted or required by an applicable provision of State . For example, in South Dakota, engaging in sexual penetration with someone between 10 and 16 years of age is illegal unless the defendant is less than 3 years older than the victim. This section of the report summarizes states child abuse reporting requirements and the extent to which they address the issue of statutory rape. 28 2002 Conn. AG Lexis 33, September 30, 2002. Age differential. Local child protective services agencies are responsible for receiving reports of child abuse. The exact definitions vary by state. Section 164.510(b)(3) of the HIPAA Privacy Rule permits a health care provider, when a patient is not present or is unable to agree or object to a disclosure due to incapacity or emergency circumstances, to determine whether disclosing a patients information to the patients family, friends, or other persons involved in the patients care or payment for care, is in the best interests of the patient. The HIPAA Privacy Rule permits a health care provider to disclose information to the family members of an adult patient who has capacity and indicates that he or she does not want the disclosure made, only to the extent that the provider perceives a serious and imminent threat to the health or safety of the patient or others and the family members are in a position to lessen the threat. In contrast, California law states that the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.32 The California Court of Appeals has similarly found that mandated reporters are not required to report cases in which a minor is found to have a sexually transmitted disease.33. Washington, D.C. 20201, U.S. Department of Health and Human Services, Collaborations, Committees, and Advisory Groups, Statutory Rape: A Guide to State Laws and Reporting Requirements, Biomedical Research, Science, & Technology, Long-Term Services & Supports, Long-Term Care, Prescription Drugs & Other Medical Products, Physician-Focused Payment Model Technical Advisory Committee (PTAC), Office of the Secretary Patient-Centered Outcomes Research Trust Fund (OS-PCORTF), Health and Human Services (HHS) Data Council, http://www.ndaa-apri.org/pdf/child_abuse_crimes_sexual_offenses_state_statutes.pdf, 2 (defendant must be in high school and < 19), 4 (if victim is < 15), 10 (if victim is < 17), 3 (if victim is < 15), 2 (if victim is < 17), 3 (if victim is < 13), 2 (if victim is < 16), 2 (if victim is < 14), 3 (if victim is < 16), Illegal if victim is 14 to 16 and defendant is older than victim, 2 (if victim is < 12), 3 (if victim is < 14), 4 (if victim is < 16). The descriptions of the criminal sexual acts are based on information from states criminal or penal codes. In the remaining states, the age of consent is either 17 or 18 years old (6 and 11 states, respectively). Misdirected Reform: On Regulating Consensual Sexual Activity Between Teenagers,. A covered entity may elect not to treat a person as the personal representative of an individual if: (i) The covered entity has a reasonable belief that: (A)The individual has been or may be subjected to domestic violence.
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hipaa age of consent by state
