Legal Question in Health Care Law in Missouri
Privacy Issue
My 19 year old daughter has need of frequent Pap tests from a local GYN due to numerous abnormal results. Given a family history of cervical cancer, I am always concerned that we stay on top of this condition. Of course, my 19 year old believes she is immune from harm and doesn't care if she gets results. Her physician will NOT release results to me citing privacy issues.
My question is: Does the fact that my daughter allows our insurance to cover all medical claims waive her confidentiality right and doesn't the physician in accepting such insurance assignment accept this waiver of confidentiality?
2 Answers from Attorneys
Re: Privacy Issue
Missouri law is quite clear on the issue of the physician-patient privilege and the disclosure of confidential information. As your daughter is not a minor, her physician is prohibited from releasing any information about her care or treatment to anyone, including her parents, without her permission.
While your daughter may have authorized the limited release of information to the insurance company, a standard practice with any healthcare provider, that limited release does not waive the physician-patient privilege in any other respect.
Re: Privacy Issue
Even though you are paying for your daughter's healthcare through your insurer, she is still above the age of majority (18) and entitled to privacy on this issue. If she signs an authorization, the doctor can discuss it. You might ask her to do that.
However, unless she consents, the doctor is absolutely correct in denying you access to your adult daughter's medical record.
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