The Department of Health and Human Services has launched an investigation and issued new guidance aimed at ensuring parents remain central to decisions about their children’s healthcare.
According to the official HHS announcement published on December 3, the agency opened an investigation into a complaint involving a Midwestern school that allegedly vaccinated a child without parental consent despite a religious exemption under state law. HHS also released a Dear Colleague letter reminding healthcare providers that parents have rights under the HIPAA Privacy Rule to access their minor children’s health information. In addition, the Health Resources and Services Administration will add a grant requirement stating that health centers receiving federal funding must follow all applicable parental-consent laws for minors before providing services.
The investigation will review how the state agency and school district handle exemption requests and whether the Vaccines for Children Program was administered in accordance with state law. The VFC program provides federally supplied vaccines to eligible children, and providers must follow local exemption rules as a condition of participation. The HIPAA letter issued by the Office for Civil Rights reiterates that parents are considered personal representatives for their minor children when they hold legal authority for healthcare decisions. OCR is also initiating compliance reviews of large healthcare organizations to determine whether parents are receiving timely access to records. HRSA’s new requirement extends across medical, dental, behavioural health, counselling, and preventive services at HRSA-supported centres, including services related to sensitive topics, and reinforces that parental consent rules remain in effect unless state or federal law provides an exception.
HHS Secretary Robert F. Kennedy Jr. stated that providers must include parents in decisions related to children’s care and that the department will take action if consent rules or exemption processes are ignored. Senior officials stated that compliance with both federal and state laws is necessary for programs that distribute federally purchased vaccines. OCR leadership says that parents already hold enforceable access rights under HIPAA and that the new effort aims to ensure consistent application across healthcare settings. HRSA officials said health centres will be formally reminded of their obligations, and grant conditions will be updated to avoid ambiguity in how parental-consent laws apply to funded services.
According to The Daily Signal, HHS’ renewed focus on parental authority has drawn support from legal experts who argue that schools have repeatedly failed to follow federal requirements around parental access. Matt Bowman, senior counsel at Alliance Defending Freedom and former HHS deputy general counsel, said the current enforcement push is overdue, noting that “schools need to realize they are subject to federal laws that protect parental rights and access when they start engaging in the practice of medicine.” HHS also clarified that parental consent remains required before minors receive medical, dental, behavioural health, or other services at federally funded health centres, and OCR confirmed it has begun compliance reviews to ensure parents receive timely access to their children’s records. Bowman said he is encouraged by the shift, calling it a strong signal that providers and school-based health programs “need to fully respect parental and religious liberty rights.”
Parents generally have access unless state law grants minors independent rights for certain types of care, such as some reproductive or behavioural health services.
A complaint alleged that a school vaccinated a child using federally supplied vaccines without honouring a religious exemption recognised under state law.
No. They restate that health centres must follow existing state and federal laws before treating minors and will now make this a condition of receiving grants.
OCR may open an investigation, and providers can face corrective-action requirements if they are found to have violated HIPAA’s access provisions.
HHS has indicated that further communication may follow as compliance reviews progress and as agencies continue to evaluate how parental-consent laws are applied in practice.