Open Bar: Parental Access to the Patient Portal of a Minor

By Elizabeth Ollinick, Esq.

MLMIC often receives questions from our policyholders about minor patient privacy and consent laws. It is imperative that healthcare providers understand the law to protect a minor patient’s privacy rights. These situations can be challenging, especially when they relate to the patient portal.

Let’s take a look at our July FAQ on this topic.

Question Presented: A parent contacted a MLMIC-insured healthcare provider complaining that she no longer had access to her 12-year-old child’s patient portal. She insisted that the healthcare provider immediately reinstate access. The healthcare provider asked whether he was required to reinstate the parent’s access to the child’s portal.

Response: Given the patient’s age, we agreed with the healthcare provider’s decision to not reinstate the parent’s portal access without the patient’s consent because reinstating access could violate certain minor privacy laws. We did remind the healthcare provider that he is still required by law to make non-confidential information available to the parent by other means.

Laws unique to minor patient privacy and consent raise challenges regarding parental access to minor patient portals. Healthcare providers of pediatric services who choose to use patient portals, like the healthcare provider who contacted us, must ensure compliance with those laws. Consideration should be given to whether minors are able to consent without parental involvement to certain health care services including treatment for drug use, pregnancy and pregnancy prevention, sexually transmitted infections and mental health.

There are several strategies to address this challenge. For example, if the portal system has data segregation capability, the healthcare provider may restrict the parent’s portal access to non-confidential information. Our healthcare provider’s portal did not have segregation capability. As a result, his decision to withdraw parental access to the portal was the best way to avoid a potential violation of his patient’s privacy rights. He still has the option to reinstate access if the patient consents, and we discussed the benefits of advanced notification, so parents and patients are aware of the impending change and the option to consent.

MLMIC policyholders can reach our healthcare attorneys for questions regarding minor patient privacy and consent laws or any other healthcare law inquiries by calling (800) 275-6564 Monday-Friday, 8 am-6 pm, or by email here.

Our 24/7 hotline is also available for urgent matters after hours at (844) 667-5291 or by emailing hotline@tmglawny.com.

If you are not already a MLMIC insured, learn more about us here.

This document is for general purposes only and should not be construed as medical or legal advice. This document is not comprehensive and does not cover all possible factual circumstances. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors for any questions related to legal, medical or professional obligations, the applicable state or federal laws or other professional questions.