- advertisement -

Age of Consent - 13 - Lawyer Question

Discussion in 'General Discussion' started by swellman, Aug 16, 2013.

  1. swellman

    swellman Approved members

    Joined:
    Jul 30, 2008
    Messages:
    3,544
    Ok. Will one of our resident lawyers please explain it to me.

    We just received an email that we, my wife and I, can no longer access nor order on behalf of our son who just turned 13. He has to register for an account and grant us access.

    Seriously, what the actual what?

    I get privacy but is 13 now the legal age of consent? Is this new? Am I an idiot for not knowing this? How is he going to register for an account when his parent have the say-so as to whether he can actually use the internet? Or the phone talking to an adult?

    I'm about half serious about giving him the phone number and telling him to call them so "set up an account" just to see what happens when they start asking him for pertinent information like policy numbers and credit card numbers.

    So, unless we threaten to ground him he has to consent to let us continue ordering and paying for his life-saving medication.
     
  2. KatieSue

    KatieSue Approved members

    Joined:
    Oct 5, 2010
    Messages:
    921
    It's law in California. I know a few people who have had major hassles with it in working with insurance companies. We've never had a problem.

    It was meant to be so kids 13 and older could get birth control etc without their parents permission. Or see a doctor if there had been rape or incest without having to have a parent sign off. But it somehow got broadly applied to everything.
     
  3. swellman

    swellman Approved members

    Joined:
    Jul 30, 2008
    Messages:
    3,544
    The person on the phone said it was a HIPAA thing but pertaining, in this case, to the online accounts. We had verbal HIPAA consent done a few months ago which was a comedic skit of us getting our son on the phone and telling the nice person on the other side that my wife and I had his permission to actually parent. At one point he asked the person on the phone, because he was getting a jolly out of it, "What if I say no?" to which they responded that we wouldn't be able to order medications for him. He then said "So, then I die. So, I guess that's a yes."

    So, if I want to continue to track and order his Rx online I have to create a separate account for a minor, a 13 year old, and provide identifying information, address, phone number etc which goes against all advise for online safety. He then has to, well, we would have to, give us consent. It's just silly.
     
    Last edited: Aug 16, 2013
  4. Sarah Maddie's Mom

    Sarah Maddie's Mom Approved members

    Joined:
    Sep 23, 2007
    Messages:
    12,521
    I understand the points that KatieSue notes, I support them, but I'm laughing at how my 15 year old would do managing her D stuff and insurance info - well, actually it's not that funny, maybe we should work on this - BUT, that's nuts. We haven't run up against it, but thanks for the heads-up.
     
  5. caspi

    caspi Approved members

    Joined:
    Oct 11, 2006
    Messages:
    5,134
    Using their logic, they are expecting a 13 year old to manage their Rx orders. This is just plain nuts. On so many levels.
     
  6. KatieSue

    KatieSue Approved members

    Joined:
    Oct 5, 2010
    Messages:
    921
    I don't think the expectation is the 13 year old can manage just that they need to give permission for their parent to manage. And they could themselves if the situation were such that they needed to.
     
  7. swellman

    swellman Approved members

    Joined:
    Jul 30, 2008
    Messages:
    3,544
    Well, yes and no. Yes, I think that's the gist but it can only happen if the 13 year old creates an online account with all the pertinent info that only a parent has.

    Also, it's only possible if the parents give the 13 year old internet access time and, if needed, full access to all the demographic information needed to set up an account.

    The reality of the situation is that, and I'm willing to bet a LOT of cash, nearly 100% of the time the parents create the account on the child's behalf and give themselves permission to parent ... just like it was when they were 12.

    It's totally ridiculous. It's asinine.
     
    Last edited: Aug 16, 2013
  8. Beach bum

    Beach bum Approved members

    Joined:
    Nov 17, 2005
    Messages:
    11,315
    I was thinking the exact same thing. I would have probably just done that.
     
  9. mamattorney

    mamattorney Approved members

    Joined:
    Apr 9, 2013
    Messages:
    1,076
    I know everyone knows this is for HIPPA privacy purposes and that the companies just put in place whatever protocol they have to in order to comply with the law, but along the same lines, I find it funny that our mail order pharmacy only lets the insurance policy holder view and order prescriptions for dependents (online).

    They will discuss issues and place orders with me over the phone, but when it comes time to renew my daughter's prescriptions online, "I" can't place the order.

    My husband can't view my prescription history, but he can view his and the kids'. I can't view anyone's but my own through my log in.

    So when it's time to renew prescriptions for my daughter, I have to log in under my husband's account to do it. Such pretenses!

    I also know that something will have to be done with my daughter's "MyChart" account that we use to communicate with her diabetes team It says I only have access to her records until the day before her birthday in 2014. It's on the main page, front and center and I see it every time I log in - before I can even read or create a message, so I can't pretend like I don't know it's coming. I'm sure she'll have to give permission to view the records or something in order for me to continue to have access to them.
     
  10. skimom

    skimom Approved members

    Joined:
    Jan 16, 2008
    Messages:
    735
    Well my daughter (17 years old for another month) is getting ready for nursing school so she has to get fitted for a N95 mask, amongst other things. As she was at work, I said I would make the fitting appointment for her. The company would not allow me to make the appointment due to privacy however, I was required to accompany her to the appointment as they needed my permission for her to be fitted for the mask. I couldn't resist pointing out the irony -and sheer stupidity of that policy.
     
  11. nanhsot

    nanhsot Approved members

    Joined:
    Feb 20, 2010
    Messages:
    2,626
    Seriously. In Texas this happens at 18, which is bad enough, I can't even imagine 13! That's frankly out of the park nuts.

    The other day I was trying to CANCEL an appointment and they wouldn't allow me to. I walked into my son's room and explained the situation and he was literally yelling from across the room, "I don't want to talk to them, she can talk to you, I want her to talk to you...". Yeah, he's a bundle of maturity that one.

    He's happy I manage this stuff. He's great at managing diabetes. Stellar in fact. But managing insurance, and payment stuff, and making appointments,and being a complete jerk when the person who answers the phone actually questions why he needs more than 10 infusion sets a month despite what the Dr. ordered...yeah, he's good with me handling that.

    It's a tricky time this. I can't even fathom allowing a 13 year old to navigate this stuff.
     
  12. swellman

    swellman Approved members

    Joined:
    Jul 30, 2008
    Messages:
    3,544
    Not to mention the, presumably, reason for all of this is for 13 year olds to get birth control without parental consent. Really ... I feel I'm pretty progressive but I can't imaging ANY 13 year old girl with the maturity level necessary for having sex and needing birth control. There ... I derailed my own thread.
     
  13. Amy C.

    Amy C. Approved members

    Joined:
    Oct 22, 2005
    Messages:
    5,560
    The day my son turned 18, I had him sign a document that gave me permission to access his records. He uses the same clinic for all his care, so he signed one document that goes across the board for all his doctors.
     
  14. misscaitp

    misscaitp Approved members

    Joined:
    Jul 26, 2007
    Messages:
    1,121
    13 way too young, I get the purpose of being able to receive certain medical services without parental consent, but to have to ask a 13 year whether the parent can talk to their doctor is ridiculous. They haven't even reached Age of Majority.

    I actually took over all my medical care when I turned 18. My dad pays for insurance (Tricare), but I schedule all my doctors appointments, deal with insurance appeals, refills of prescription, and talking to doctors and insurance reps. My parents have no access to my records or doctors, but I do keep them updated.
     
  15. KatieSue

    KatieSue Approved members

    Joined:
    Oct 5, 2010
    Messages:
    921
    I know of a family where this law works for them in a different situation. Parents are divorced and share custody. Pre 13 both parents would have to sign off on treatment. One of the kids has severe ADHD and takes medication for it. One parent does not believe ADHD is a "real" thing. Because of this law the child is able to see a specialist and get medication without getting the consent of the non-believing parent.

    So there are other situations where younger kids may have medical needs that can get addressed without both parents permission that don't involve birth control.
     
  16. swellman

    swellman Approved members

    Joined:
    Jul 30, 2008
    Messages:
    3,544
    I got this email today ...

     
  17. caspi

    caspi Approved members

    Joined:
    Oct 11, 2006
    Messages:
    5,134
    Wow, that floors me. Maybe in "Microsoft Land" that is law, but as long as my kid is under my roof, using my computer and my electricity, he needs my permission and I need to have his passwords, etc. (Good Lord, I sound just like my parents, sans the computer stuff as they weren't around in my teens when dinosaurs roamed the earth....) ;)

    But seriously, everyone talks about computer safety -- how is this making computers safer for our young teens? :confused:
     
  18. Joretta

    Joretta Approved members

    Joined:
    Nov 7, 2009
    Messages:
    528
    In our house if you want your needs or wants paid for I have a say so. The END!
     

Share This Page

- advertisement -

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice