For parents preparing to send a child off to college, the process can be a bit overwhelming. Between furnishing the dorm room, choosing classes, and making sure all the pieces are in place for the big day their child leaves home, parents may not be thinking about the unanticipated circumstances their children can face. People get sick. Accidents happen. And while parents may not like to think about what could go wrong once their children leave the nest, the reality is that once a child turns 18, parents may no longer be able to easily access their child’s medical records or obtain information about their medical condition should their child experience a medical issue while away at college. However, there are steps that parents can take to maintain access to their children’s information should the unexpected occur.
When trying to get health information about a college student over the age of 18, parents and family members often run into certain “roadblocks” created by federal laws which protect the privacy of such information. The Federal Educational Rights and Privacy Act of 1974 (FERPA) was enacted to protect the privacy of students’ records, including health records maintained by universities and colleges. And the Health Insurance Portability and Availability Act (HIPAA) of 1996 protects medical information for anyone over the age of 18. In other words, without specific written permission, parents of college-aged children may not have access to medical information about their kids.
So what can parents do? Many educational institutions offer incoming and current students the opportunity to “waive” their FERPA rights and designate certain people the authority to access their educational records – including records maintained by campus health services. While each institution has a slightly different mechanism for providing this authorization, once established, parents can access information about their child directly from the institution.
Another option – especially for access to medical records and information NOT maintained by an educational institution – is for parents and their children to execute independent legal documents to maintain access to the children’s medical records. In Illinois, two such commonly used documents for this process are:
1) the Power of Attorney for Health Care; and
2) the HIPAA Authorization and Release.
Power of Attorney for Health Care
A Power of Attorney for Health Care allows an individual (the “Principal”) to choose another person (the “Agent”) to make medical decisions and access medical information should the Principal not be able to act for themselves. For example, a college student over the age of 18 can designate her parents as her Agents for health care. In cases where college students have either not provided the necessary releases to their educational institution, or where they are being treated off-campus at an institution not affiliated with their school, having a properly executed Power of Attorney for Health Care in place allows the parents both access to information about their child AND the ability to act on their child’s behalf. Parents can then make decisions about their child’s medical care, can access and share the child’s medical records with other physicians if needed, and can choose treatment options in accordance with their child’s wishes.
HIPAA Authorization and Release
A HIPAA Authorization and Release is another option to allow parents continued access their child’s medical records after they turn 18. This document does not provide parents with the ability to make medical decisions for their child, but it provides a way for parents to access information about their child in case of an emergency. Students can grant multiple individuals – such as parents, siblings, or caregivers – the right to access their medical records, and if necessary, share those records with specialists or other medical facilities. An Agent will already have this power under a Power of Attorney for Health Care, as only one Agent is active at a time. Should that Agent be unavailable, the HIPAA Authorization and Release allows any of the designated individuals to access the student’s medical information.
Some things to keep in mind – although having a Power of Attorney for Health Care and a HIPAA Authorization and Release in place can provide parents with additional peace of mind in the event of a medical event, once executed, very little information is off-limits to those who have been given access. Additionally, once your child turns 18, he or she cannot be forced to sign these documents and can revoke existing documents at any time. Both parents and children should understand the ramifications of having such documents in place and set boundaries to avoid misunderstandings or problems in the future.
Before executing any documents, families should take time to discuss the matter amongst themselves. And although these are relatively straight forward documents to prepare, it is always wise to seek the advice of an experienced attorney who can help ensure your documents will maintain your access to information about your children’s well-being. The experienced attorneys at Arteaga Law can sit down with you and your children to answer any questions about ensuring that you can remain “in the loop” should the unexpected occur. Consultations are always free – contact our offices today at (224) 655-7179 or via email at Info@Arteaga.Law to schedule yours!