Dental Appointment & HIPAA

[ChrisB]

I have to bring DD6 to the dentist this week. While I was making the appt., I asked if I was allowed in the room during the appt. She said that I wasn't allowed because of HIPAA laws. Can anyone tell me a little about this? When I take the kids in for regular dr. appts., I'm allowed in the room with them. I'm not sure how I feel about it.

[Mosaicmind]

My dentist office now has a sign on the door about this too. I usually don't feel the need to be back there unless they are doing something more than just a cleaning and xrays. I am not for sure why this is the law with dentists though. It does seem weird.

[Perry]

That's ridiculous. You are allowed in the room. I'd be looking for another dentist.

[Caitilin]

I think your dentist's receptionist is full of it. Your daughter is a minor, and you're entitled to know what dental procedures are being done. That said, my kids' dentist doesn't have the parent come back till afterwards either, but it has never been a problem for us; we always get the full run-down of what they're scheduled for at the beginning, and what was done at the end. I think the main thing is that so many adults have issues with the dentist that they don't want them transferred to the kiddos. if you want to fight them on it, you are in the right.:grouphug:

[kamom]

I've sat in with both of mine. Never heard of this.

[Starr]

You are the parent, they have a few years before they can throw you out based on HIPPA. Tell your child to scream, "I want my mommy!"

[RahRah]

There are three situations when the parent would not be a minor child's personal representative under the Privacy Rule.

 

These exceptions are:

 

1. When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law;
   
2. When the minor obtains care at the direction of a court or a person appointed by the court; and/or
   
3. When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.
   

Barring the above, as his parent, you have a right to be in the room if you want to be - as his advocate and decision maker.

[happypamama]

I'd be looking for a new dentist too. I always accompany my children. My 9yo would probably be okay to go back by herself, but I always schedule all of them together, and the little boys definitely are too young to go without me.

[Impish]

Tell them you're not paying for anything you haven't ok'd.

[RanchGirl]

That's ridiculous. You are allowed in the room. I'd be looking for another dentist.

 

:iagree: I go back with my kids, sit in the chair in the room with them and read.

 

 

ETA: it would be one thing if they said they prefer parents wait outside and gave a reason. But to lie about the reason is really offensive and sneaky IMO.

[Jennifer3141]

There are three situations when the parent would not be a minor child's personal representative under the Privacy Rule.

 

 

These exceptions are:

1. When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law;

2. When the minor obtains care at the direction of a court or a person appointed by the court; and/or

3. When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.

Barring the above, as his parent, you have a right to be in the room if you want to be - as his advocate and decision maker.

 

:iagree:

 

This is a dentist I would be dumping because he/she does not understand the law AT ALL. Or they are using HIPAA as an excuse to keep you from the room and that isn't going to fly in this family.

[amo_mea_filiis.]

 

ETA: it would be one thing if they said they prefer parents wait outside and gave a reason. But to lie about the reason is really offensive and sneaky IMO.

 

This is what I was thinking. My ds will comply much better if I'm not with him. But it isn't a law.

[Barb_]

Bull. I suspect they're counting on your ignorance of your rights to manipulate you into acting how they would prefer. Our local public school waves FERPA at parents to get them to release medical and prior educational records. Our district makes it seem like FERPA requires something of the parents and student rather than being written to protect them. They know exactly what they are doing.

[Mynyel]

I have to bring DD6 to the dentist this week. While I was making the appt., I asked if I was allowed in the room during the appt. She said that I wasn't allowed because of HIPAA laws. Can anyone tell me a little about this? When I take the kids in for regular dr. appts., I'm allowed in the room with them. I'm not sure how I feel about it.

 

 

I would ask for the exact section of the HIPPA that says you can't be with your child.

 

I would also go to another dentist.

[gardening momma]

There are three situations when the parent would not be a minor child's personal representative under the Privacy Rule.

 

These exceptions are:

 

1. When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law;

2. When the minor obtains care at the direction of a court or a person appointed by the court; and/or

3. When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.

Barring the above, as his parent, you have a right to be in the room if you want to be - as his advocate and decision maker.

 

:iagree:

 

This is a dentist I would be dumping because he/she does not understand the law AT ALL. Or they are using HIPAA as an excuse to keep you from the room and that isn't going to fly in this family.

:iagree: They probably don't understand the law. Even if their reasoning is that you would overhear other patients' information in another room, it would still not violate HIPAA because you wouldn't have the patient's name.

[Garga]

It's not true (about HIPAA.) There have been MANY threads about this in the past. Some dentists just don't want you back there. Some parents are more difficult to deal w/ than the kids, and make it so the dentist can't do their job.

 

But I don't go to a dentist like that, and would never willingly. My dentist lets me be back there.

[mo2]

Ridiculous. I have switched dentists in the past because of this policy. Our new dentist allows us in the room. However, if he ever decided to change his policy, I would change dentists again.

[amydavis]

The only thing I can think of, is a long time ago my children had a pediatric dentist that had a large open room where multiple patients were treated at the same time. So, if that's the case, perhaps they don't allow because you would be seeing other patients and hearing of their treatments, conditions, etc. Otherwise, it just doesn't make any sense. If it is due to a large open bay treatment area, I would seek another dentist. If it is due to their ignorance of the law, I would make sure they understood that obviously as the parent you will be made aware of treatment, and therefore be allowed in the room.

[Twilight Woods]

Um no. HIPAA is to protect patient's private information not being released to unauthorized individuals without permission.

 

Find another dentist.

[junepep]

There are three situations when the parent would not be a minor child's personal representative under the Privacy Rule.

 

These exceptions are:

 

1. When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law;

2. When the minor obtains care at the direction of a court or a person appointed by the court; and/or

3. When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.

 

Barring the above, as his parent, you have a right to be in the room if you want to be - as his advocate and decision maker.

 

:iagree:

There is nothing in HIPPA that would or should prevent you from entering the room for your child's teeth cleaning. My guess would be that because most people (and health care professionals) are unclear re: the scope of HIPPA that your dentist is either being A) overly cautious or B) taking advantage of the lack of clarity to try to restrict over crowding due to additional people in patient rooms and make it easier for the dental assistant and dentist to do their jobs.

 

Neither option will result in the option that you want - which is to be allowed to go in the room. I'd switch dentists.

Edited May 2, 2011 by junepep
I referred to HIPPA as a guideline rather than law.

[joannqn]

Find another dentist.

 

Our dentist sold his practice to one that had a policy of no parents in the treatment area. I didn't know of the policy change on our first appointment after the sell so they let me back there. They put me in a seat where I couldn't see what was going on, and they pulled one of my daughter's teeth without permission even though I was right there. They'll never see my kids again.

[theYoungerMrsWarde]

My husband is a Registered Dental Assistant in the state of California. I asked him and he says he has never heard of that. He thinks it's a BS excuse to keep parents out without having to be confrontational. His office has never denied a parent's presence. Find another dentist.

[lollie010]

ETA: it would be one thing if they said they prefer parents wait outside and gave a reason. But to lie about the reason is really offensive and sneaky IMO.

 

Exactly.

[Tap]

I would call and ask them what part of HIPAA does it violate. If it is the other patients information, that may be overheard....then all patients rights are violated if the patients themselves overhear one-another's treatment plans. If this is the true reason, I would just find another dentist who has private patient areas.

 

There are state laws that allow practitioners to exclude parents in treatment....but then I would guess in this circumstance, that the 6yo would be required to sign themselves in at the front desk and sign a waver for treatment billing to the insurance company.

 

A teen child gets a bit trickier, as to when each state grants all the power to the teen. 14yo or 16yo are both common milestones for medical treatment/privacy laws.

 

I think a Dr can use HIPAA for any reason they want, at any time, whether it was the intent of HIPAA or not. The actual HIPAA laws are very simple, but offices read more into them than necessary due to the potential for lawsuits. You also have a right to see a dr. who uses a bit of common sense.....In fact, I wouldn't want a dr. who couldn't use a bit of common sense.....the medical field is rarely as black and white as that sign they put on the door.

[Slartibartfast]

That is just dumb.

 

HIPPA does not apply to parents of six year olds at the dentist

 

I would find someone else

[plansrme]

What everyone above has said about HIPAA is correct, but every time someone posts something like this, I wonder, "Just where are all of the parents who are okay with this kind of policy?" It must be the vast majority of parents, or there wouldn't be so many dentists with this policy. But it is unfathomable to me that most parents send their infants back, alone, to undergo potentially scary dental work, with a strange dentist and/or hygienist. WHAT ARE THEY THINKING??? Are they so brainwashed into believing "professionals know best" that they don't have the good sense to object? It is just shocking to me that more parents don't have the guts or common sense to question a so-called professional's policy when their child's wellbeing is at stake.

 

Of course there are some cases in which everyone is rightfully okay with the child's going back alone, but really--how is it that so few parents question these sorts of policies?

 

Terri

 

Terri

[Tap]

What everyone above has said about HIPAA is correct, but every time someone posts something like this, I wonder, "Just where are all of the parents who are okay with this kind of policy?" It must be the vast majority of parents, or there wouldn't be so many dentists with this policy. But it is unfathomable to me that most parents send their infants back, alone, to undergo potentially scary dental work, with a strange dentist and/or hygienist. WHAT ARE THEY THINKING??? Are they so brainwashed into believing "professionals know best" that they don't have the good sense to object? It is just shocking to me that more parents don't have the guts or common sense to question a so-called professional's policy when their child's wellbeing is at stake.

 

Of course there are some cases in which everyone is rightfully okay with the child's going back alone, but really--how is it that so few parents question these sorts of policies?

 

 

Terri

 

Terri

 

Well, one could also argue, that unless this was a pediatric dentist....maybe it is a way for a dentist who prefers to only see adults, to eliminate pediatric clients who have outspoken parents...lol

[JudoMom]

We're forced to go to one of the "chain" places by our dental insurance, and we're not allowed back, either. I don't like it, but I don't really have any other option.

[NoPlaceLikeHome]

That's ridiculous. You are allowed in the room. I'd be looking for another dentist.

 

:iagree: HIPPA does not prevent a parent from being there which is medically appropriate. Nurse and doctors encourage parents to be there generally:)

[Cinder]

The only thing I can think of, is a long time ago my children had a pediatric dentist that had a large open room where multiple patients were treated at the same time. So, if that's the case, perhaps they don't allow because you would be seeing other patients and hearing of their treatments, conditions, etc. Otherwise, it just doesn't make any sense. If it is due to a large open bay treatment area, I would seek another dentist. If it is due to their ignorance of the law, I would make sure they understood that obviously as the parent you will be made aware of treatment, and therefore be allowed in the room.

 

I don't think this is it. Up until a year ago ds went to a place like this. They always let one parent/guardian accompany the child. They did limit it to one, though, and no siblings, because it would just be too crowded otherwise. Actually the cleanings were done in the open room. Any other work was done in individual treatment rooms.

[Harriet Vane]

That's ridiculous. You are allowed in the room. I'd be looking for another dentist.

 

:iagree:

[ChrisB]

Thank you everyone for your replies!!

 

I thought it sounded a bit fishy. Especially considering my daughter is only 6. She is having her front, two, bottom teeth removed because her permanent teeth are growing in behind them.

 

Actually, Caitilin, this might be the same dentist that you see in his other office. I'll have to call back for some clarification. Otherwise, if they won't budge, I might be looking for another dentist.

[happypamama]

Thank you everyone for your replies!!

 

I thought it sounded a bit fishy. Especially considering my daughter is only 6. She is having her front, two, bottom teeth removed because her permanent teeth are growing in behind them.

 

For that sort of work, it's possible that they've had issues with parents making things harder. Still, though, it should be your prerogative to be there, and calling it a HIPPA thing is ridiculous. Can they compromise? Our dental office has big three-chair bays for the regular cleanings but individual rooms for other work; a parent can sit just outside the room and see in, but they can put the parent so that the child can't see.

 

I do see parents sitting in the waiting room, waiting for their elementary aged children, so I guess there must be parents who are okay with that. I'm not.

[jewellsmommy]

I agree with those that say this is ridiculous. I was just at the dentist with both dc and went in with them. I was just at the orthodontist as well, and I will be with dd in the morning as they put phase 1 braces on her.

[*Lulu*]

The only thing I can think of, is a long time ago my children had a pediatric dentist that had a large open room where multiple patients were treated at the same time. So, if that's the case, perhaps they don't allow because you would be seeing other patients and hearing of their treatments, conditions, etc. Otherwise, it just doesn't make any sense. If it is due to a large open bay treatment area, I would seek another dentist. If it is due to their ignorance of the law, I would make sure they understood that obviously as the parent you will be made aware of treatment, and therefore be allowed in the room.

 

Our dentist as a large room where the routine work is done, and parents routinely sit back there. The more involved procedures are done in more private areas, but that is more about kids not being freaked out by another patient's procedure than it is about HIPAA.

 

With my older two I try not to go back during regular cleanings b/c I want my kids to have a chance to feel some independence, but I can and do wander back to check on them as I see fit. (You know, between chapters of whatever I've been waiting to read!) Now ds4 didn't want me next to him at his last cleaning, so I just sat on the couch in the back cleaning area. Close enough to see/hear if he needed me, far enough away for him to feel "big".

Edited May 3, 2011 by BLA5

[Serenade]

I also went back with my kids until I felt I no longer needed to. However, if my son is having a tooth pulled or something like that, I will still go back. It is not the law for parents not to be able to go with the child -- that is the dentist's rule, not the law.

 

On a funny note, my personal dentist is so laid back that he will let my kids back to observe while drilling and fitting a crown. My oldest was practically in his face and he didn't mind at all. He'll even talk to them while working, explaining what he's doing -- and my oldest is a chatter. I didn't ask for this, but he offered once when my kids were reading out in the waiting room and seemed interested. If my pediatric dentist ever changed the rules, I would just take the boys to my own dentist.

[Joker]

A good dentist won't pull that kind of crap with you. We finally found a good one after many tried the same thing you described. Our current dentist not only let me back but also my other dd when doing a procedure on younger dd. It was crowded but he knew it was better for dd and me. I really don't get the problem dentists have with parents being back there.:glare: I always go in at the dr's office and I'm there if they need blood drawn or any other medical procedure (except surgery). It's just all a bit too weird for me.

[parias1126]

I took my 18 yr old dd to a new dentist recently for insurance reasons to get a root canal. Horrible experience! They refused to let me in the room. The dentist was in the doing the crown and got one of his tools caught on the bottom of her tongue. No one ever came out of the room to get me even though they knew I was sitting in the waiting room. Two hours had gone by already and I had asked the front desk who had told me she was very close to finished and everything was fine. Turns out he sliced the skin under her tongue and she was bleeding horribly everywhere....he left her there to bleed while he left the room to decide what to do next. He came back and gave her a few stitches under her tongue. She had no clue what was going on herself and the dentist kept assuring her everything was fine as she kept swallowing a ton of blood and had it running out of her mouth. The dentist apparently got nervous because she is pregnant. At that time I think she was about 28 weeks. I was fuming mad. She was very upset and shaken up by the whole experience.

 

I let her go in alone because she is 18 and I assumed everything would be fine. Never again will I ever let my little ones out of my sight to go into any doctor's office. We will find another dentist or doctor or whoever it may be.

[In2why]

I have to bring DD6 to the dentist this week. While I was making the appt., I asked if I was allowed in the room during the appt. She said that I wasn't allowed because of HIPAA laws. Can anyone tell me a little about this? When I take the kids in for regular dr. appts., I'm allowed in the room with them. I'm not sure how I feel about it.

 

 

Quite a few dentists have open rooms without doors and because of other patients privacy requirements you can't be out of the dentist chair and moving around where you might see and hear other patients care and needs. If it is important to you then you need to find another dentist where the rooms have doors or the type of privacy partitions where it isnt' an issue, but I have found that my son does much better when I am not there, he puts on his big boy attitude.

[kitten18]

Thank you everyone for your replies!!

 

I thought it sounded a bit fishy. Especially considering my daughter is only 6. She is having her front, two, bottom teeth removed because her permanent teeth are growing in behind them.

 

Actually, Caitilin, this might be the same dentist that you see in his other office. I'll have to call back for some clarification. Otherwise, if they won't budge, I might be looking for another dentist.

My DD had her two bottom permanent teeth coming in behind the baby teeth so I took her to my dentist. The dentist thought the baby teeth needed to be pulled but we were going to the ortho anyway for a consult (DD has a crossbite) so I thought we would wait. The ortho said the teeth were fine, no need to pull them.

You might want to get a second opinion.

[Jean in Newcastle]

My DD had her two bottom permanent teeth coming in behind the baby teeth so I took her to my dentist. The dentist thought the baby teeth needed to be pulled but we were going to the ortho anyway for a consult (DD has a crossbite) so I thought we would wait. The ortho said the teeth were fine, no need to pull them.

You might want to get a second opinion.

 

My dd9 has been a shark with a lot of her teeth coming in behind her baby teeth. None have had to be pulled. When the baby teeth came out, the other teeth moved forward with no problem. It would be good to get another opinion.

[courtney.byrum]

The only thing I can think of, is a long time ago my children had a pediatric dentist that had a large open room where multiple patients were treated at the same time. So, if that's the case, perhaps they don't allow because you would be seeing other patients and hearing of their treatments, conditions, etc. Otherwise, it just doesn't make any sense. If it is due to a large open bay treatment area, I would seek another dentist. If it is due to their ignorance of the law, I would make sure they understood that obviously as the parent you will be made aware of treatment, and therefore be allowed in the room.

 

 

Our kids dentist is like this and they have never had a problem with me being back there. In fact they have chairs for parents and pretty much expect the parents to be back there. I would not go to a dentist that didn't allow me to be back there with the kids. I'm not saying I will always go back but to not have the option is not acceptable to me.

[courtney.byrum]

Thank you everyone for your replies!!

 

I thought it sounded a bit fishy. Especially considering my daughter is only 6. She is having her front, two, bottom teeth removed because her permanent teeth are growing in behind them.

 

Actually, Caitilin, this might be the same dentist that you see in his other office. I'll have to call back for some clarification. Otherwise, if they won't budge, I might be looking for another dentist.

 

 

My son had the same two teeth pulled for the same reason. Our dentist had me be in the room to make sure he was not scared (they parked his little sister one one of the tables with a movie so I could stay with him). I would insist on being in the room so she is not scared - it's much 'bigger' than a cleaning.

[courtney.byrum]

My DD had her two bottom permanent teeth coming in behind the baby teeth so I took her to my dentist. The dentist thought the baby teeth needed to be pulled but we were going to the ortho anyway for a consult (DD has a crossbite) so I thought we would wait. The ortho said the teeth were fine, no need to pull them.

You might want to get a second opinion.

 

 

Sometimes they do need to pull them if there is truly an issue. I would assume the dentist would do xrays and make sure it was necessary. In my son's case the permanent tooth because of crowding was actually absorbing part of the middle of a neighboring tooth's root as well as putting immense pressure on the 2 baby teeth causing significant pain. When the same thing happened with his top tooth there was no issue at all so the baby teeth did not need to come out.

[ChrisB]

My DD had her two bottom permanent teeth coming in behind the baby teeth so I took her to my dentist. The dentist thought the baby teeth needed to be pulled but we were going to the ortho anyway for a consult (DD has a crossbite) so I thought we would wait. The ortho said the teeth were fine, no need to pull them.

You might want to get a second opinion.

 

My dd9 has been a shark with a lot of her teeth coming in behind her baby teeth. None have had to be pulled. When the baby teeth came out, the other teeth moved forward with no problem. It would be good to get another opinion.

This is interesting. When I first called about 6 weeks ago, they told me to wait a little and see if the teeth came out on their own. They did get more loose, but it doesn't look like they will come out on their own anytime soon. Actually, this happened to me too when I was 6. I was taken to the dentist to have them removed.

[katilac]

HIPAA only protects the privacies the patient WANTS protected. Fathers are routinely present at ultrasounds and other pregnancy procedures. When my mom needed surgery, I was present for every visit leading up to it. It is meant to prevent unwanted invasions of privacy, and unauthorized release of information.

 

As far as the open floor plan justification, I would have to point out that if an accompanying parent/person can see and hear things they shouldn't, so can the patient. Do they just give everyone extra laughing gas and hope for the best? :rolleyes: Don't try to CYA by not letting parents in; if you feel that others cannot be present in order to offer patients the privacy complied by law, that means no one should be present, including other patients. Add some sheetrock or man up and say you think parents cause too much trouble.

[Caitilin]

I don't know if OP's dentist and mine are the same, but yes, ours has an open floor plan for the cleanings, so, technically, yes, there is a potential HIPAA violation there. As I say, for us it has been fine for me not to go back with my dc, and they all, every.last.one.of.them. talk about how much they like going to the dentist, so clearly my own dc aren't traumatized.:D ymmv.

[Jean in Newcastle]

I don't know if OP's dentist and mine are the same, but yes, ours has an open floor plan for the cleanings, so, technically, yes, there is a potential HIPAA violation there. As I say, for us it has been fine for me not to go back with my dc, and they all, every.last.one.of.them. talk about how much they like going to the dentist, so clearly my own dc aren't traumatized.:D ymmv.

 

I think it's great that your dc love the dentist. But unfortunately that isn't the case for all of us. My dd has extreme anxiety about the dentist - so much so that she needs valium before going and even then we've had to have procedures aborted due to panic attacks. I do not say anything during procedures and sit very quietly so as not to interfere with anything they are doing but my presence in the room is very necessary for my dd - not only for her peace of mind but because they need my permission to make changes to her treatment plan as necessary when she's back there.

 

Many medical clinics are open floor plan. If you read the HIPAA information it mainly covers keeping the information in the charts private but says that normal patient procedures are allowed.

[phathui5]

That's total B.S. There is nothing in HIPPA that would prevent a parent from attending their child's dentist appointment.

[ChrisB]

I don't know if OP's dentist and mine are the same, but yes, ours has an open floor plan for the cleanings, so, technically, yes, there is a potential HIPAA violation there.

It isn't the same dentist.