Know your rights

Confidentiality can become confusing when it comes to minors, so it’s important to know your rights. In California, minors are able to ask for healthcare privacy at age 12. The only time they are able to release information is if there is a court order or for safety.  You may ask prior to being 12 to have your information private, but doctors are not legally obligated to follow your request. Be sure to ask your providers how you can protect your information. 

 

California state law requires exceptions to this rule in the following situations: (a) child abuse or neglect; (b) elder abuse; (c) a threat to the life of another person. Confidentiality may also be broken if you are in imminent danger of harming yourself or if you are gravely disabled (i.e., unable to provide food, clothing or shelter for yourself).

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Mandated reporters must report instances where they believe you or someone else is in danger. Staff at school, Sports coaches, doctors, and mental health providers are mandated reporters. There are many cases where involving family and police is dangerous and potentially traumatic. Here are a ways you can avoid being reported while still being able to get help:

 

• You can pose a hypothetical (ex. Hypothetically if someone is feeling suicidal what can you do to help?)

• You can avoid using names

• You can ask for resources

 

Mental health providers are required to hold confidentiality with their clients unless they feel safety is at risk. Most providers will let you know if they need to break confidentiality and come up with a safety plan.

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Rights in California:

• To have an appointment when you need one. There are limits on how long you have to wait for an appointment, including one with a specialist.

• To request continuity of care if your doctor or medical group leaves your health plan.

• To receive treatment for certain mental health conditions.

• To get a second doctor's opinion.

• To know why your health plan denies a service or treatment.

• To understand your health problems and treatments.

• To see a written diagnosis (description of your health problem).

• To give informed consent when you have a treatment.[6]