From birth until age 18 (19 in Nebraska), the law says parents can access their child’s full medical record. Teens can also set up their own MyChart account starting at age 14.
Since our transition to MyChart, parents must take action to regain proxy access to your child’s patient record. If you’re an Avera Health Plans subscriber, you may see your child in MyChart, but it does not include medical record access.
How to Gain Access After May 30
- Call the Avera help desk for MyChart at 855-667-9704.
- Talk to staff at your clinic. Call us or ask about it at your next appointment.
- If you’re the legal guardian, bring legal documentation to your clinic.
After proxy access is reestablished, you will be able to see your child’s health information inside Avera MyChart.
Important: If you’re the parent or legal guardian of a teen and need access to their medical record after May 30, see the Children Ages 0-18 details.
When a child turns 14, they can create their own MyChart account, either in person or online, if they wish. They can correspond with their provider, make appointments, do video visits and much more to manage their care in MyChart.
- Parental access to the child’s medical record is automatically removed when the child turns 18 (19 in Nebraska).
- Teens in this age group cannot invite other people to gain access to their medical record. That function exists only for adults older than 18.
When a teen turns 18 (19 in Nebraska), parental and legal guardian access to a minor’s medical record automatically ends. Because the teen is now considered an adult, if they wish, they can grant access to another adult to their medical record online, in person or by phone.
Adults
When an adult is incapable of making their own health care decisions (including granting access to another adult), a medical power of attorney is required. Present the legal documentation to Avera in person at your clinic in order to gain proxy access.
Children
Medical record access is only granted to non-parental adults based on formal legal documentation provided to Avera.
- Both parents typically retain access to a child’s medical records if both have joint legal custody.
- Legal guardians can only access a child’s medical record with the right legal documentation.
- There are some cases when adult parents are restricted from access. See the No Proxy Access section for details.
Provide Legal Documentation
- You must provide the most recent, signed court order or custody agreement, so we can determine who has the legal authority to access records.
- Bring the documents to your local clinic or health care facility or contact our health information management team at 833-821-9944.
- You will not need to submit a separate form to make this request of Avera.
There are situations governed by state law and legal decisions where people cannot be granted proxy access to a patient’s medical record.
- Adult patients may revoke proxy access at any time.
- A spouse cannot get access to your medical record unless you share access with them.
- Stepparents and foster parents do not get access to a child’s medical record.
- A parent or guardian would not have access to a child’s medical records if state law allows a child to consent to care, if care is court-ordered, or if a court order terminates a parent’s rights (the minor is emancipated).
- In Minnesota, a minor who lives independently and manages their own finances can legally consent to their own medical care. In these cases, parental access is revoked.
- If an adult is not able to make their own care decisions, including inviting another adult to proxy access, legal documentation for a health care power of attorney is required in order to grant proxy access.
