HHS Action Protecting Parental Rights in Children’s Health Decisions Extends Beyond Vaccines

Health and Human Services’ crack down on a school that illegally vaccinated a child will have implications on parents’ ability to prevent their children from gender transitioning, The Daily Signal has learned.

HHS opened an investigation on Wednesday into a Midwestern school that vaccinated a child without parental consent.

HHS penned a Dear Colleague letter reminding health care providers that the Health Insurance Portability and Accountability Act of 1996, or HIPAA, requires them to provide parents access to their children’s health information. The agency also directed the Health Resources and Services Administration to add a grant requirement saying that federally funded health centers must comply with parental rights laws.

These actions, that reinforce parent legal authority to direct their children’s health care decisions, carry implications extending beyond vaccination, according to an HHS official.

HHS’ move is a warning to health care providers that the agency will enforce parental rights law if those providers or schools seek to hide transgender procedures on children from their parents.

“The HIPAA Privacy Rule is clear: Providers must share health care information about minors to their parents,” the HHS official told The Daily Signal. “Anyone intentionally hiding this data may have ulterior motives, which could include the desire to hide sex-rejecting procedures or vaccinations from a child’s parents.”

“Today’s Dear Colleague letter is a warning shot that HHS will not abide by violations of HIPAA,” the official continued.

Under HIPAA, parents can access their child’s medical records, and parents must generally sign off on all medical procedures for their children. However, some states allow children to begin medically transitioning without a parent signing off. For instance, Maine law allows 16-year-olds to access transgender hormone regimens without parental consent.

HHS’ Office of Civil Rights’ letter to health care providers reiterates that parents have the right to access their children’s protected health information under HIPAA.

It’s noteworthy that HHS is investigating a school for violating parental rights in health care because schools have been repeat offenders of laws establishing parental rights, said Matt Bowman, senior counsel at Alliance Defending Freedom and former HHS deputy general counsel.

“Schools increasingly take federal funds to provide medical care, and as we’ve seen, they in some instances, take it upon themselves to violate parental rights with respect to embarking kids on paths that lead to dangerous gender transition procedures,” Bowman told The Daily Signal. “And schools need to realize they are subject to federal laws that protect parental rights and access when they start engaging in practice of medicine.”

For example, in Ashland, California, the San Lorenzo High School-Based Health Center offers access to “gender-affirming hormone therapy and other types of medical transitioning services;” “gender-affirming care,” including “chest binders, shapewear, etc.”; and “information and counseling about transitioning.”

Parents Defending Education exposed the school-based health centers at Nova High School and Meany Middle School in Seattle, Washington, for providing students with “gender-affirming medications (estrogen, androgen blockers, testosterone, etc.) and injection techniques,” “hormone therapy for adolescents and specialty referrals for younger patients as needed,” and “referrals for gender-affirming surgeries.”

HHS has clarified that before a minor receives medical, dental, behavioral health, or other services at a federally funded health center, a parent or legal guardian must give consent in accordance with applicable state or federal law. 

The letter reinforces that parents can exercise their children’s rights with respect to protected health information, including the right of access.

OCR is also initiating compliance reviews of a number of large health care providers to ensure that parents receive timely access to their children’s health information.

Bowman said he is confident that HHS’ investigation sends a message to schools and health care entities “that they need to fully respect parental and religious liberty rights.”

“We’re very encouraged by the broad position HHS is taking and the message they’re sending to those in the healthcare field,” he said.

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