The parents of a 15-year-old child have filed a lawsuit against a Minnesota hospital alleging they were denied full access to their minor child’s medical records despite rights provided under the HIPAA Privacy Rule.
Shaun and Katherine Johnson filed the lawsuit against Fairview Health Services after losing access to their daughter’s medical records through the MyChart patient portal when she turned 12 years old. The lawsuit states that the parents require ongoing access to the records to assist in managing their daughter’s healthcare.
The Johnsons’ daughter was diagnosed at age 11 with mosaic Turner syndrome that needs lifelong heart monitoring because of increased cardiovascular risks. The parents state that real-time access to medical information is necessary for effective management of their daughter’s care.
According to the allegations described in the lawsuit, Fairview Health Services follows a policy that ends parental access to the MyChart records of a child upon reaching 12 years old. The policy is dependent on the organization’s interpretation of state legislation. Under that policy, continued access requires a private interview with the child. Full parental access may only be restored if both hospital staff and the child agree to provide that access.
The parents declined to sign the consent form associated with that process. As a result, they were denied access to their daughter’s records through MyChart.
The parents later submitted a request for access to their daughter’s records using an Authorization for Release of Protected Health Information. They received some records in response to that request. The records request took three weeks to process. The parents also alleged that the records provided were incomplete and lacked information needed for management of their daughter’s care.
Shaun Johnson stated that management of a serious medical condition requires timely access to appointments, test results, and other medical information. He alleged that Fairview Health Services required his family to use a delayed and burdensome alternative process instead of allowing access through the MyChart system.
The dispute also led to regulatory complaints. The Center for Individual Rights, a nonprofit public interest law firm based in Washington, D.C., filed a complaint with the Department of Health and Human Services Office for Civil Rights. The complaint alleged that denying parents access to the MyChart portal for children older than 12 violated the HIPAA Privacy Rule.
The Office for Civil Rights responded to the complaint and confirmed in correspondence sent to the Privacy Officer of Fairview Health Services and the Center for Individual Rights that parents are allowed to access the medical records of a minor child under HIPAA law. A second complaint was filed six weeks later after parental access had not been restored. The second complaint remains pending before the Office for Civil Rights.
The Office for Civil Rights later issued a Dear Colleague letter to the medical community. The letter confirmed that healthcare providers generally may not impose additional limitations on parental access to a minor child’s medical records under HIPAA when special circumstances are absent. Those special circumstances do not apply in this case.
Minnesota law provides minors with authority over access to medical records related to substance abuse diagnosis and treatment, physical and sexual abuse, sexually transmitted diseases, and pregnancy. Fairview Health Services provides partial proxy access for parents or legal guardians of children ages 12 to 17. Access to records connected to those categories is excluded from the partial access arrangement.
Under Fairview Health Services’ policy, full proxy access is available only with the child’s consent. The parents objected to the interview process involving their daughter, which prevented them from obtaining timely and complete access to medical records that they believe are necessary to participate effectively in their daughter’s care.
The lawsuit challenges both the legal basis and implementation of the hospital’s policy. The complaint alleges that federal law preempts state law and that Fairview Health Services’ policy is inconsistent with Minnesota law.
The lawsuit seeks a declaratory judgment and a permanent injunction. The requested relief would require recognition that the Minnesota Health Records Act requires unrestricted parental access to the daughter’s medical records.
Caleb Kruckenberg, Litigation Director at the Center for Individual Rights, stated that a hospital cannot use state law to deny parents access to their child’s medical records. He also stated that federal law takes precedence and that parental participation in a minor child’s medical care is a protected right.
