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110. Mass. Code Regs. 11.22. - Confidentiality of Medical Records and Information

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“Confidentiality of Medical Records and Information”
Medical records of a child must not be distributed or released to any unauthorized person without the written consent of one of the child's parents or without an order of a court of competent jurisdiction.The child's parent(s) or attorney or guardian shall have access to all medical documents or information contained anywhere in a child's record, unless the person who contributed such information has requested in writing to the Department that the information should not be disclosed or is otherwise provided by statute. The child's parent(s) may also request medical documents regarding their child directly from the hospital or medical provider pursuant to the provisions of the “Patient's Bill of Rights”.
With respect to the medical records of a child surrendered for adoption to the Department or in the custody of the Department, the Department shall not distribute or release information in a child's medical record to any unauthorized person without court order including the child’s parents.  Unauthorized person for these purposes do not include amongst others, the child's physician or any other medical provider, the child's foster parents, the appropriate authorities at a residential facility in which the child is or is intended to be living, and the authorities at any school the child is attending. When any ward or child in the care or custody of the Department requests that the Department not notify his or her parents of intended medical treatment, the Department shall determine on a case-by-case basis whether to consent to the child's request.

Current as of June 2015