In Washington, sexual intercourse with someone who is at least 14 years of age and less than 16 years of age is illegal if the defendant is 4 or more years older than the victim. "No person who obtains confidential HIV related information in the course of providing any health or social service or pursuant to a release of confidential HIV related information may disclose or be compelled to disclose such information, except to . 17 Under the offense, Debauching a minor, it is illegal to debauch or deprave morals by lewdly inducing someone less than 17 years of age to carnally know any other person. If not for treatment, payment or health care operations, a HIPAA-compliant authorization is also required. Limitations on parental access. However, cases alleging abuse by a person not responsible for the care of the victim must be immediately forwarded to law enforcement and the district attorneys office. The legality of sexual intercourse with an individual who is above the minimum age requirement and below the age of consent is dependent on the difference in ages between the two parties and/or the age of the defendant. Sexual relations with someone under the Age of Consent are considered statutory rape, even (in some jurisdictions), if both partners are themselves younger than the Age of Consent. The laws referenced in this report generally come from two areas of states statutes.[8]. Minors' Access to Contraceptive Services | Guttmacher Institute Some states define minimum age thresholds for defendants and age differentials. United States Age of Consent Laws By State You can read the state law about this at RCW 26.28.010. . Health Care & Health Insurance Agency Legislative Council Staff Published 12/23/2022 This issue brief provides an overview of minors' rights to deny others access to medical records under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Colorado state law. Washington, D.C. 20201 The crime of statutory rape in North Carolina is also referred to as sexual offense of person who is 13, 14, or 15 years old. In addition to the five states listed, the Pennsylvania statutes include the offense of statutory sexual assault. Similarly, statutory sexual seduction is a crime in Nevada. In approximately one-third of the states, mandated reporting is limited to those situations where the abuse was perpetrated or allowed by a person responsible for the care of the child.26 Consider the example of Virginia. Often, the age of the defendant is only relevant if the victim is above the minimum age requirement. The HIPAA right of access to PHI applies to all medical records and billing records and any other records. Physicians, physician's assistants and specialist's assistants must comply with both HIPAA and State law. An emancipated minor may consent to all health services including abortion. A covered entity may obtain consent of the individual to use or disclose PHI to carry out treatment, payment, or health care operations (164.506(b)(1)). An official website of the United States government. (b) permits covered entities to share with an individuals family member, other relative, close personal friend, or any other person identified by the individual, the information directly relevant to the involvement of that person in the patients care or payment for health care. PDF When Your Child, Teenager, or Adult Son or Daughter has a Mental The U.S. Department of Health and Human Services (HHS) is concerned about the health of adolescents, including unwanted sexual contact at a young age. 37 The exact titles of these agencies vary by state. Any minor who is 14 years of age or older, or has graduated from high school, oris married, or having been married is divorced or is pregnant may give effectiveconsent to any legally authorized medical, dental, health or mental health servicesfor himself or herself, and the consent of no other person shall be necessary. Where the HIPAA Privacy Rule applies, does it allow a health care provider to disclose protected health information (PHI) about a troubled teen to the parents of the teen? The U.S. Department of Health and Human Services ("HHS") issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Michigan also requires medical providers to report all cases where a child under 12 years of age is pregnant or has a sexually transmitted disease. 33Planned Parenthood Affiliates v. Van De Kamp, 226 Cal. However, the reporting requirements only apply to the violations of certain criminal offensesnamely, those addressing situations involving victims under 16 years of age where there is an especially large difference in the age of the two parties.27. In two-thirds of the states, the statutes specify circumstances under which child abuse is a reportable offense irrespective of the defendants relationship to the victim. Disclosures of protected health information in a group therapy setting are treatment disclosures and, thus, may be made without an individuals authorization. Similarly, Hawaii statutes require the Department of Human Services to provide police and prosecutors with any relevant information that would aid in the investigation or prosecution of child abuse cases. Complete this form. Certain Department programs are covered by these HIPAA regulations. Under the Supremacy Clause of the U.S. Constitution, federal law preempts State law when preemption is the clear and manifest purpose of Congress. Covered entity may impose a reasonable, cost-based fee (164.524(c)(4)). The majority of the reporting requirements deal primarily with child abuse. HIPAA is intended to be a set of minimum federal privacy standards, so it generally is possible to comply with HIPAA and other laws, such as 42 CFR Part 2, that are more protective of individuals privacy. HIPAA defers to state law to determine the age of majority and the rights of parents to act for a child in making health care decisions, and thus, the ability of the parent to act as the personal representative of the child for HIPAA purposes. Similarly, HIPAA allows a doctor to share additional information with a patients family member, friend, or caregiver as long as the information shared is directly related to the persons involvement in the patient's health care or payment for care. For example, New Hampshire defines felonious sexual assault as voluntary sexual penetration with someone who is at least 13 years of age and under 16 years of age, as well as acts involving the use of physical force irrespective of the age of either party. When can a minor access health care without parental consent? . A covered entity may use or disclose PHI without an authorization or opportunity to agree or object to the extent that such use or disclosure is "required by law" (164.512(a), 164.501(Required by law)) or if the disclosure is "for a law enforcement purpose to a law enforcement official . 16Sexual intercourse with someone who is less than 16 years of age is illegal regardless of the age of the defendant. The state summaries note those cases where, within a specific crime, the severity varies depending on the age of the defendant. In order to help you provide appropriate and patient sensitive care, here . In terms of physical and/or mental health providers (e.g., physicians, nurses, psychologists, psychiatrists, dentists, surgeons, osteopaths), statutes often make specific reference to providers who treat adolescents who are pregnant or infected with sexually transmitted diseases. PHL 18 prevails, because a covered entity may only disclose PHI to a parent to the extent permitted by State law. PHL 2805-m prevails. 104-191, 264(c)). In Nevada, the age of consent is 16; however, sexual intercourse with someone who is under 16 years of age is illegal only if the defendant is at least 18 years of age (the age at which the defendant can be prosecuted). (PHL 17). . Regulating Consensual Sex with Minors: Defining a Role for Statutory Rape,, Phipps, C.A. If you . However, the HIPAA privacy standards and state privacy standards are voluminous, vague, and subject to change, and the . [i]n compliance with and as limited by the relevant requirements of . The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") gave the federal Department of Health and Human Services ("HHS") the authority to promulgate regulations containing standards with respect to the privacy of individually identifiable health information. Defendant refers to the alleged perpetrator or individual who would be subject to prosecution under the statute in question. Usage is subject to our Terms and Privacy Policy. The remainder of this chart is confined to "patient information" under State law. Half of children born to minors are fathered by adult men, and sexual partners of these adolescents are often 3 to 6 years older. ), Also, covered entities may disclose information that has been de-identified under HIPAA. Secure .gov websites use HTTPS Information required to be collected and maintained under PHL 2805-j, 2805-k and reports required to be submitted under PHL 2805-l and any incident reporting requirements imposed upon diagnostic and treatment centers shall be kept confidential and shall not be released except to DOH or under PHL 2805-k(4). Although the primary focus of this report is not the punishments associated with statutory rape, the offenses in each state summary are listed in ascending order based on their severity.21 The severity of the crime is usually dependent on the nature of the sexual activities and the age of the victim and/or defendant.22, Depending on the state, defendants may be exempt from prosecution if they are married to the victim. Statutory Rape: A Guide to State Laws and Reporting Requirements 20 The Georgia, Mississippi, Missouri, North Carolina, and Tennessee statutes include the offense of statutory rape. At what age of a child is the parent no longer the personal The legal age of consent varies from 16 to 18 years old from state to state across the United States. , select the activity called Create New Study. The descriptions of the offenses within each state summary use the specific terms from the statutes and the summaries include footnoted definitions of these terms whenever the statutes provide them. Washington, D.C. 20201, U.S. Department of Health and Human Services, Collaborations, Committees, and Advisory Groups, Statutory Rape: A Guide to State Laws and Reporting Requirements, Biomedical Research, Science, & Technology, Long-Term Services & Supports, Long-Term Care, Prescription Drugs & Other Medical Products, Physician-Focused Payment Model Technical Advisory Committee (PTAC), Office of the Secretary Patient-Centered Outcomes Research Trust Fund (OS-PCORTF), Health and Human Services (HHS) Data Council, http://www.ndaa-apri.org/pdf/child_abuse_crimes_sexual_offenses_state_statutes.pdf, 2 (defendant must be in high school and < 19), 4 (if victim is < 15), 10 (if victim is < 17), 3 (if victim is < 15), 2 (if victim is < 17), 3 (if victim is < 13), 2 (if victim is < 16), 2 (if victim is < 14), 3 (if victim is < 16), Illegal if victim is 14 to 16 and defendant is older than victim, 2 (if victim is < 12), 3 (if victim is < 14), 4 (if victim is < 16). Answer: Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child's personal representative when such access is not inconsistent with State or other law. 15 It is illegal to engage in a sexual penetration with someone who is less than 16 years of age. When can a minor access health care without parental consent? HIPAA provided that such standards shall not supersede State law that imposes more stringent standards (P.L. National Clearinghouse on Child Abuse and Neglect Information (2002). However, if the victim is above this minimum age requirement (13) and below the age of consent (16), it is only illegal to engage in sexual intercourse with that individual if the defendant is at least 18 years of age. National Center for Prosecution of Child Abuse (2003). State v. Koome, 84 Wn.2d 901 (1975). 762 (1988). Young adults are entitled to the same confidentiality protections under state and federal laws as other adults. A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex. In North Carolina, the county Department of Social Services is generally responsible for the initial investigation of reported abuse. Mandated reporters can usually make an initial report orally, via telephone.35 Approximately two-thirds of states require mandated reporters to follow their initial report with a more detailed written report.36. In some states, marriage is a defense to all of the crimes listed (e.g., Alaska, District of Columbia, West Virginia); other states exclude some of the more aggravated offenses from this exemption (e.g., Arkansas, Louisiana, Mississippi).23 In a few states, the criminal statutes identify age limits for the marriage exemptions.24 Individual state summaries note those crimes that include spousal exemptions.25. In Minnesota, for example, such a case is only a reportable offense if the reporter suspects that a defendant has sexually abused two or more children not related to the defendant in the past 10 years. The individual who is the subject of the protected health information can exercise all rights granted by the HIPAA Privacy Rule with respect to all protected health information about him or her, including information obtained while the individual was an unemancipated minor consistent with State or other law. The ages of the victim and the defendant as well as the nature of the sexual activity dictate under which offense the conduct falls. [or] an employee or agent of the commission of correction" (PHL 2782(1)(l), (m), (o)). . If an entity is subject to both Part 2 and HIPAA, it is responsible for complying with the more protective Part 2 rules, as well as with HIPAA. . For example, in South Dakota, engaging in sexual penetration with someone between 10 and 16 years of age is illegal unless the defendant is less than 3 years older than the victim. The report does not include laws where the legality of the sexual acts is dependent on the relationship of the participants (e.g., incest, sex between teachers and students or doctors and patients). Almost three-quarters of women who had intercourse before age 14, and 60 percent who did so before age 15, reported having a forced sexual experience. See 45 CFR 164.502(g). Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor childs personal representative when such access is not inconsistent with State or other law. [5] The modern rationale for these laws is grounded in the desire to protect minors from sexual exploitation. HIPAA HIPAA - the federal Health Insurance Portability and Accountability Act - provides protections for patients' privacy rights. Where a request to amend is denied, individuals may submit into the medical record a written statement of disagreement and the provider may submit a written rebuttal to such statement (164.526). The U.S. Department of Health and Human Services (HHS) is concerned about the health of adolescents, including unwanted sexual contact at a young age. In addition, the report indicates where the applicability of states reporting requirements is limited based on the relationship between the victim and defendant (e.g., cases where the defendant is a person responsible for the care of the victim). Work on this project was funded by the Office of the Assistant Secretary for Planning and Evaluation in the U.S. Department of Health and Human Services under a contract to The Lewin Group. Except in an emergency treatment situation, a provider must make a good faith effort to obtain a written acknowledgment of receipt of the provider's Notice of Privacy Practices, and if not obtained, document its good faith efforts to obtain such acknowledgment and the reason why the acknowledgment was not obtained (164.520(c)(2)(ii)). (A covered entity may disclose PHI to DOH without authorization for public health or health oversight activities, but such activities would not generally be considered PHL 206(1)(j) research. The remainder of this chart is confined to the law for "health care providers" under State law. In the remaining states, the age of consent is either 17 or 18 years old (6 and 11 states, respectively). ASPE contracted with The Lewin Group, a health and human services consulting firm, to conduct a multi-phase, descriptive study to collect information about state laws, federal guidance to programs, and grantees and local offices practices. Authorization to Disclose . In all other cases, the report must be made to a local or state law enforcement agency. 24 In South Carolina, the spousal exemption does not apply to marriages entered into by a male under 16 years of age or a female under 14 years of age. If under applicable law a person has authority to act on behalf of an individual who is. April 14, 2003, is the compliance date for most covered entities under the Privacy Rule. Sarah Brown, Eva Klain, and Brenda Rhodes Miller provided us with valuable guidance and insights into legal issues and the policy implications of the laws and reporting requirements. "No person who obtains confidential HIV related information in the course of providing any health or social service or pursuant to a release of confidential HIV related information may disclose or be compelled to disclose such information, except to . . Disclosures of genetic test information for treatment, payment or health care operations need only be in compliance with Civil Rights Law 79-l. . For psychotherapy notes as defined by HIPAA, PHL 18 prevails. 23 In Arkansas, marriage is a defense to 2nd, 3rd, and 4th degree sexual assault but not rape. An official website of the United States government. (PHL 17). Local child protective services agencies are responsible for receiving reports of child abuse. In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim. PHL 18 prevails if disclosure would cause substantial harm to the other person. Although it is less common, the age differentials in some states vary depending on the age of the victim. Community influencers will receive a monthly compensation of $75 for their active participation in meetings, focus groups, surveys and social media . This report focuses on laws that criminalize voluntary sexual acts involving a minor that would be legal if not for the age of one or more of the participants. Share sensitive information only on official, secure websites. Preemption of Mental Hygiene Law Article 81 and Surrogate's Court Procedure Act Articles 17 and 17-A is beyond the scope of this chart. In New Jersey, for example, sexual activities involving minors is addressed in three offenses: criminal sexual contact, sexual assault, and aggravated sexual assault. A health care providers duty to warn generally is derived from and defined by standards of ethical conduct and State laws and court decisions such as Tarasoff v. Regents of the University of California. 13 Intercourse with a female who is less than 18 years of age is illegal regardless of the age of the defendant. . It is important to understand how HHS grantees can meet those responsibilities within the context of their organizational missions, which may involve the provision of confidential services. Rptr. PHL 17 prevails, because it is a provision of State law that prohibits a disclosure about an unemancipated minor to a parent, guardian, or other person acting, Applies to any "covered entity": health care provider, health plan or health care clearinghouse (unless the entity transmits no health information in electronic form in connection with a transaction covered by the HIPAA Regulations) (160.102), Applies to any "health care provider" as defined in New York law (18(2), 18(1)(b), 18(1)(c), 18(1)(d)). In some states, a child who is pregnant or infected with a sexually transmitted disease is sufficient to cause reasonable suspicion of abuse, thereby necessitating a report. Health maintenance organizations must comply with both HIPAA and State law. In the 1970s, second wave feminists began to challenge the underlying principles of statutory rape laws. Special Report: Can Statutory Rape Laws Be Effective In Preventing Adolescent Pregnancy?. regarding that patient to any other designated physician or hospital. See 45 CFR 164.502(g). Child abuse, a reportable offense, is defined to include any sexual act that is in violation of the states criminal law, but it is limited to those acts perpetrated by the victims parent or other person responsible for the childs care. "If, and to the extent, permitted or required by an applicable provision of State . The HIPAA Privacy Rule would defer to State or other applicable law that addresses the disclosure of health information to a parent about a minor child. . ." Although these terms may be overly simplistic, they communicate the legal role each party plays with respect to the laws discussed in the report.[6]. In the majority of states (34), it is 16 years of age. . Reference Card: Minors' Access to Confidential Health Care in an employee or agent of the division of parole . In addition to the actual state statutes, a number of documents and on-line resources provided valuable supplementary information. 200 Independence Avenue, SW The laws went largely unchanged until the end of the 19th century, when feminists sought to increase the age of consent to protect young women from potentially coercive relationships. 12 Sexual acts with individuals who are at least 16 years of age are only illegal is the defendant is 30 years of age or older. 2093-At what age of a child is the parent no longer the personal representative of the child for HIPAA purposes? Under the HIPAA privacy rule, adolescents who legally are adults (aged 18 or older) and emancipated minors can exercise the rights of individuals; specific provisions address the protected health information of adolescents who are younger than 18 and not emancipated.