A Minor’s Right to Confidentiality Essay Example
A Minor’s Right to Confidentiality Essay Example

A Minor’s Right to Confidentiality Essay Example

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  • Pages: 4 (929 words)
  • Published: October 30, 2017
  • Type: Essay
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The Congress implemented the Health Insurance Portability and Accountability Act (HIPAA) in August 1996 with the aim of enhancing accessibility and consistency of health insurance coverage. However, it was not until April 14, 2003, that the privacy aspect of HIPAA was established to safeguard personal health information. Although some states had their own laws protecting patient health information, HIPAA sought to address any gaps left by these state laws. If state laws are more stringent than HIPAA policy, they supersede. Overall, HIPAA granted patients increased access and control over their medical information while ensuring protection against unauthorized disclosure. Controversies have arisen regarding minors' privacy rights versus parental access to specific information. According to HIPAA regulations, parents and guardians are considered "personal representatives" with appropriate access and control as outlined in the guidelines. The subsequent section pertains

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to unemancipated minors and their parents or guardians who are also deemed personal representatives authorized to make decisions concerning a patient's protected health information (PHI). Nonetheless, there are exceptions to this rule. The following text details three exceptions in Michigan regarding confidentiality of health information for minors.The first exception states that if a minor consents to healthcare, no additional consent is required by law unless specifically requested. The second exception allows a child to legally obtain healthcare without parental consent if the child, a court, or another authorized individual gives consent. The third exception occurs when a parent or guardian agrees to keep the minor's health information confidential with a covered healthcare provider. These exceptions specifically apply to pregnancy-related treatment.

Mary Beth Kirven & Daniel J. Hall (2003) state that important issues that should be addressed include HIV or genita

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disease and substance abuse. FindLaw (2011) suggests incorporating contraceptive methods into the HIPAA policy for minors residing in states without laws or public policies on these matters.

Minors have the right to privacy regarding their medical information, particularly concerning pregnancy, sexually transmitted diseases, or drug addiction. This helps teenagers understand that responsible decision-making leads to more opportunities for decision-making.

Teenage sexual activity has been a public concern since the 1970s and while its rate remains steady, it has become more visible. The average age at which individuals get married is increasing as life expectancy rises but they are not waiting to engage in sexual activity.Sex and teenage pregnancy are often sensationalized by the media, leading to an idealized perception of these topics.Sex is widely used in entertainment media and marketing in the United States to attract consumers and sell products. To counter this influence, society needs guidance and practicality to promote a broader perspective on product benefits and uses while limiting sexual content. Controversial TV series like Teen Mom and 16 and Pregnant have helped raise awareness about teenage pregnancy rates, leading to a decrease in these rates. Despite this progress, the United States still has the highest rate of teenage pregnancy among developed countries, according to Women's Health and Health Care Reform.

However, state and federal laws have made it easier for teenagers to access appropriate supplies and education regarding teenage pregnancy. Unfortunately, Indiana Republican Representative Mike Pence tried to eliminate the Title X program (known as the "Pence Bill"), which aimed at preventing organizations like Planned Parenthood from receiving federal funds for any reason. This amendment sought to use pro-life taxpayers' money for funding abortion promotion

purposes.

The ongoing national debate revolves around eliminating support for abortion services. However, local clinics continue providing necessary health services to many teenagers despite this controversy. According to Planned Parenthood, abortions accounted for less than 3% of their services in 2009, with a total of 332,278 procedures performed.In addition, they performed 830,000 breast tests and offered testing and/or treatment for sexually transmitted diseases to approximately 4 million individuals. Public policy is crucial in safeguarding teenagers by preventing diseases and unwanted pregnancies, but this protection is limited to specific minors in Michigan whereas other states have stricter policies. The Guttmacher Institute's report on public policy supports professional organizations that advocate for confidential reproductive health care for minors based on scientific evidence, despite uncertain public opinions. However, recent developments in state and federal public policy indicate potential future threats to teenagers' access to confidential services (2005). History has shown that children will continue engaging in sexual activity, contracting diseases, and experiencing pregnancy. The text highlights the importance of laws protecting reproductive health privacy as it enhances patients' access to protection. Planned Parenthood plays a vital role in providing education and protection for millions of adolescents; however, withdrawing support for these programs reduces access to education, treatment, and supplies which contributes to an increase in diseases and unwanted pregnancies leading to higher poverty rates. Although abstinence is the preferred method for preventing unwanted pregnancies and diseases, evidence suggests its general ineffectiveness.Ensuring protection for adolescents is crucial in all societies to promote responsibility and personal growth. Pursuing necessary protection and education, even with limited access, demonstrates maturity and responsibility (Chavkin et al., 2010) (FindLaw, 2011). The following text contains hyperlinks

and their respective contents:

- http://www.findlaw.com/state-laws/minors-and-the-law/michigan/ provides information on state laws regarding minors.
- Guttmacher Institute.(2005, November).Teenagers’ access to confidential reproductive health services [The Guttmacher study on public policy] - http://www.guttmacher.org/pubs/tgr/08/4/gr080406.html by Mary Beth Kirven.E. &Daniel J. Hall (2003, June).
- http://www.ncsconline.org/WC/Publications/CS_PriPubHIPPA96Pub.pdf offers a publication discussing the Health Insurance Portability and Accountability Act of 1996 by Miller, J., LaVaute, G., &Heritage Media (2011, March).
- http://www.heritage.com/articles/2011/03/01/life/doc4d6d5ec57105e610360187.txt?viewmode=fullstory shares an article related to the topic.

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