Confidentiality of Medical Records and Information

(1) Except for cases in litigation (in which case 110 CMR 12.09 shall govern), with respect to the medical records of a child in the care or custody of the Department or a child who is a ward of the Department: (a) The Department shall not distribute or release medical documents or information contained anywhere in a child's record or case file to any unauthorized person (as defined at 110 CMR 11.22(3)) without the written consent of one of the child's parents or without an order of a court of competent jurisdiction. (b) The child's parent(s) or attorney or guardian or guardian ad litem shall have access to all medical documents or information contained anywhere in a child's record or case file; unless the person who contributed such information has requested in writing to the Department that the information not be disclosed (for which purpose the mere stamp "Confidential" shall not be sufficient), or unless 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" at M.G.L. c. 111, § 70E. (2) With respect to the medical records of a child surrendered for adoption to the Department or in the custody of the Department after an adjudication under M.G.L. c. 210, § 3: (a) The Department shall not distribute or release information in a child's medical record to any unauthorized person without court order. (b) Unauthorized person for purposes of 110 CMR 11.22(2) shall include the parents of the child. (3) Unauthorized person for purposes of 110 CMR 11.22(1) and (2) shall include everyone except: 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, the appropriate authorities at any school the child is attending, the child's substitute care provider, the subject child if over 14 years of age, or any other person who the Department determines requires such information to render medical or other professional assistance to the subject child. 11.22: continued When any ward or child in the care or custody of the Department requests that the Department not notify, or release medical records, to their parents, guardian(s) or any other party, of an intended or completed medical treatment, the Department shall determine on a case-by-case basis whether to adhere to the child's request, in accordance with M.G.L. c. 112, §§ 12F and 12R.