09/23/2025
Alright — let’s unpack HIPAA in the context of a parent trying to access an adult child’s health information, especially when that child has a brain disorder.
1. What HIPAA Actually Says
HIPAA (the Health Insurance Portability and Accountability Act) is a federal law that protects the privacy of a person’s medical information.
For adults (18+), parents are not automatically entitled to see their child’s medical records or talk to their doctors — even if the child still lives at home or the parent pays the bills.
Doctors and hospitals generally can only share health information with someone else if:
The patient gives permission (usually through a signed HIPAA release form).
It’s an emergency and the patient is unable to make decisions (called “incapacitated”).
State law gives special rights in certain situations.
2. HIPAA Pathways for Parental Access
Here are the main legal doors that might open under HIPAA:
A. Written Authorization
The adult child signs a HIPAA release form naming the parent as an “authorized representative.”
This can be broad (all medical information) or limited (just for one provider, one condition, or one time period).
Without it, the parent’s access will be restricted.
B. Involvement in Care
HIPAA allows providers to share relevant information with a family member if the patient agrees verbally, or if the provider decides it’s in the patient’s best interest and the patient does not object.
This is often used for care coordination — e.g., discussing medication schedules or hospital discharge plans.
C. Incapacity or Emergency
If the patient is unconscious, psychotic, or otherwise unable to communicate informed consent, HIPAA permits providers to share relevant information with someone involved in their care.
This is based on the provider’s professional judgment — but once the patient regains decision-making ability, the information flow stops unless they give consent.
D. Legal Authority (Overrides HIPAA Privacy)
Healthcare Power of Attorney (POA) — if the adult child has signed a POA naming the parent as agent, the parent can access records and make decisions if the child is incapacitated.
Guardianship/Conservatorship — court-appointed authority that gives legal rights to manage medical care, sometimes permanently.
Advance Directive — a document where the adult child specifies who can see their records and make decisions.
3. Special Challenge with Brain Disorders
Some brain disorders (e.g., schizophrenia, bipolar disorder, anosognosia) can cause the person to refuse consent because they don’t believe they’re ill.
This creates a legal brick wall unless:
The provider sees the patient as incapacitated at that moment, or
The parent already has a POA, guardianship, or court order.
4. Practical Tips for Parents
Have the conversation early — ask your adult child to sign a HIPAA release during periods of stability.
Targeted releases — sometimes people are more willing to allow limited sharing (e.g., only about medications, not full notes).
Emergency info — give your contact details to providers and state you’re involved in care; even without a release, they may contact you in a crisis.
Know state laws — some states give extra rights in mental health care situations.
Consider legal tools — consult an attorney about POA or guardianship before a crisis.