Age for HIPAA Privacy Policy in Nebraska

This article’s purpose is to reach out, educate the public, and provide my opinion on the Health Insurance Portability and Accountability Act, or HIPAA, age of consent in the state of Nebraska. This article was written for a United States History school project. The current age of consent on the privacy policy that applies to minors in Nebraska is under the age of 19.

In my research on HIPAA, I discovered that Nebraska was one of the two states in the United States that has its legal age of personal consent of 19, instead of 18 in most other states. In Nebraska, it is required that a person under the age of consent, has a parent or guardian to help them request or change medical records. The exceptions to this policy in Nebraska are if the minor is married before the age of 19, or emancipated, meaning the minor is freed from care and custody of his or her parents or guardians.

In the United States, a person is allowed to vote, join the military, or be summoned by the jury at the age of 18. However in Nebraska, a person of the age 18 is not allowed to personally attain, check and correct their own medical forms. I propose that Nebraska pushes for a change in the state law, where the legal age of consent for HIPAA is changed from the age 19 to the age 18. The age of 18 is culturally recognized as an age of majority, where a person can obtain many right, such as voting rights. The right to vote was changed to coincide with military service age. I believe that if someone is able to enlist and defend their country, they should be able to individually access their medical files and history.