Stop Shapiro Administration’s Attack on Parents’ Access to Kids’ Mental Health Records

Stop Shapiro Administration’s Attack on Parents’ Access to Kids’ Mental Health Records

Parents have a right to know what is happening with their child’s medical care. But new regulations proposed by the Shapiro Administration would make it harder for parents to access their children’s mental health care records.

Children under 14: Current Pennsylvania regulations specifically recognize a parent’s access to the mental health records of a child under age 14. But the Pennsylvania Department of Human Services is deleting that clear rule, making it easier for healthcare providers to hide information from parents.

Children 14 and older: Pennsylvania already limits parental access to mental health records when an older child consents to mental health treatment. But these new regulations remove even the limited protections parents currently have to obtain information about that care.

Billing records: The Department is also deleting a provision that allows parents to see what treatments are being given within billing records. Parents can be charged for services without being entitled to information about what they are paying for.

Parents have the primary responsibility to care for and protect their children. The Department of Human Services wants to restrict parental access to critical information, cutting the primary caregivers out of their children’s lives. Government should never stand between parents and the care of their children!

The Independent Regulatory Review Commission (IRRC) will consider these regulations on October 15. You don't have much time to make your voice heard!

Ask IRRC to reject these regulations and stop making it harder for parents to know what is happening with their own children.

Please note: Comments submitted to IRRC become part of the public record and will NOT remain confidential.

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Dear IRRC,

I urge the Independent Regulatory Review Commission to reject Regulation No. 14-558 and protect parents&rsquo; access to their children&rsquo;s mental health records.&nbsp;
The regulations, as proposed, delete important protections for parents. Currently, 55 Pa. Code &sect; 5100.33(a) explicitly gives parents control over mental health records for children under age 14. This deleted section also requires that children age 14 and older have a requisite understanding of the documents in question before they can control those health records. The regulations, as proposed, also deleted 55 Pa. Code &sect; 5100.32(a)(2), which provided for the disclosure of the &ldquo;types and costs of therapies or services, and a short description of the general purpose of each treatment session or service.&rdquo; In this way, parents may be completely left in the dark regarding the treatments and services their children are receiving.&nbsp;
While the Department claims that the changes were required by HIPAA, that is not true. HIPAA allows a state (through regulation) to require providers to keep parents informed of relevant mental health information about their children. See 45 C.F.R. &sect; 164.502(g)(3)(ii)(A). Therefore, the Department lacks a rationale for what it is doing.&nbsp;
Worse, the Department interferes with the fundamental right of parents to direct the upbringing of their children. Hiding critical information about a child&rsquo;s medical care violates the parents&rsquo; rights by substantially interfering with their ability to make medical decisions affecting their offspring. Please reject Regulation No. 14-558.

Closing

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