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Healthcare providers that do not have that ability to segregate sensitive data may need to grant a patient portal access solely to minors at age 13 so the parent cannot see their information. In the interview, Greene also discusses: The struggles healthcare providers will have with balancing strong authentication with easy access;
Healthcare providers can choose to give parents access to the minor's records via a patient portal, but the providers should consider segregating certain information to make those confidential services inaccessible by the parent, Greene says.
Some healthcare providers, for example, might provide parents with access to the patient portal, but may be able to segregate certain information that is not accessible to the patient portal for that patient population, so that you know the parent is not going to be able to see certain services.
GREENE: This is a very tough situation. You're going to have, under the law, some minors who have their parent or guardian as their personal representative under HIPAA who has the right to access their information. But, minors may be able to consent to certain services, such as reproductive health services, or substance abuse treatment.
In particular, meaningful use Stage 2 is pushing for healthcare providers to provide more immediate access, particularly the ability to view, download, and transmit information through what is normally expected to be some sort of patient portal.
The healthcare provider signs them up, creates an account, and assigns a password because they know the individual; they've checked the driver's license or some other proof of identification of the individual. The alternative can be remote authentication, where you first do identity-proofing remotely.
So for example, the patient portal may also be a messaging portal where a secure e-mail is received by an individual. They receive an unsecure e-mail that just says they've got a message waiting for you at the patient portal. They log in [to portal] and see their information that way.
Because some minors have the right not to disclose certain medical information, such as reproductive health services, to their parents, it could be a HIPAA violation to disclose the services to the parent, says Greene, a partner at the law firm Davis Wright Tremaine.
Healthcare providers can choose to give parents access to the minor's records via a patient portal, but the providers should consider segregating certain information to make those confidential services inaccessible by the parent, Greene says.
You're going to have, under the law, some minors who have their parent or guardian as their personal representative under HIPAA who has the right to access their information . But, minors may be able to consent to certain services, such as reproductive health services, or substance abuse treatment.
The other major regulation is HIPAA, in that there has been a longstanding obligation to provide patients with a copy of their medical and billing records, or certain other information in what is referred to as a "designated record set.".