I am concerned that Regulation No. 14-558 removes important, clearly stated protections regarding parental access to their children’s mental health records.
Under the current regulations, parents or guardians are explicitly recognized as having authority over the release of mental health records for children under age 14. The proposed changes remove that language without replacing it with equally clear protections.
Although other state and federal laws may preserve parental rights, the lack of clarity could result in inconsistent interpretations by healthcare providers and unnecessary barriers for parents seeking information about their children’s care.
Parents often have significant responsibility for recognizing mental health concerns, supporting treatment, monitoring medications, responding to emergencies, and ensuring continuity of care. They need appropriate access to information to fulfill those responsibilities.
Federal HIPAA regulations recognize that state law may permit or require disclosure of a minor’s health information to a parent. Therefore, I believe the Department should provide a clearer explanation of why the existing parental-access language must be removed and how parents’ rights will be protected under the revised regulations.
Before Regulation No. 14-558 is approved, the Commission should ensure that the final language clearly addresses parental access for children, explains the rights of parents when treating minors, and provides understandable guidance for healthcare providers and families.
