Minor Consented Services Override FAQs
What are Minor Consented Services (MCS)?
Services for which a minor (under the age of 18) patient may provide their own consent without a parent/guardian’s permission or knowledge, as permitted by New York State (NYS) law. See the full list of services in the New York Codes, Rules, and Regulations.
What is a Minor Consented Services Override (MCSO)?
Organizations that provide MCS can access the minor patient’s records with their consent through HealtheConnections without parent/guardian permission using the MCSO. This is only applicable when minors have given their consent by signing the One-Time Authorization Form and the parent/guardian has not previously provided a consent value for the minor, or if the parent/guardian has selected “Deny Consent” or “Deny Consent Except in a Medical Emergency.” A minor cannot override an affirmative consent from a parent/guardian.
Who can use MCSO?
HealtheConnections participating organizations must identify themselves as providers of MCS. These organizations have received instructions on the override process in the HealtheConnections HIE Portal. MCSOs are routinely audited to ensure appropriate organizations are using this action properly.
When can MCSO be used?
For any patient under 18 years old who is receiving MCS.
How does an Emancipated Minor consent?
An Emancipated Minor may give effective consent for medical, dental, health and hospital services, including behavioral health services, for themselves.
An Emancipated Minor may give consent to a provider to access and view their medical records for any type of treatment, it is not limited to MCS.
What authorization form is used for MCSO?
The New York State Department of Health (NYSDOH) developed a specific “One-Time Authorization for Access to Minor Health Information through a Health Information Exchange Organization” form for organizations utilizing the MCSO action. These one-time authorization forms have been provided to HealtheConnections participants that have identified themselves as providers of MCS.
For Providers: If your organization provides MCS and you do not have the one-time form, check with your RHIO Administrator. RHIO Administrators can contact us as needed.
If your organization does not perform MCS and/or you do not have this form, you are NOT allowed to override a parent/guardian consent.
How long is the MCSO active?
MCSO is only effective during the duration of the patient’s visit. Once the user logs out of the HealtheConnections Portal or is logged out automatically, the MCSO is no longer active. The minor patient must complete a new form for each visit.
What is the difference between the standard consent form a parent/guardian signs and a MCSO form a minor signs?
The One-Time Authorization form is designed as an easy-to-read document to help individuals under the age of 18 understand the purpose for allowing the provider to access and view their medical records.
Both the standard consent form and the One-Time Authorization form contain the same details on page 2. As the name implies, the One-Time Authorization form is only valid for the duration of the patient visit while the standard consent form, signed by a parent/guardian, remains in effect until the minor turns 18 years old and can provide their own consent.
In addition, a consent form signed by an adult, 18 years or older, remains in effect until they change their consent choice or it expires (e.g., the patient is deceased).
What are the re-disclosure rules for MCS information?
As with any medical records, privacy and security are critical. MCS information should not be re-disclosed without written consent of the minor. All privacy and security regulations need to be followed, and all HealtheConnections’ participants are responsible for ensuring proper training is conducted and that their authorized users comply with federal, state, and local law and regulations.
Can MCS records be shared with HealtheConnections?
Yes, NYS requires patient consent to access medical records, not to share medical records with a HIE.
What does one-time MCSO access cover?
The one-time MCSO access is only effective for the duration of the visit and the patient is physically in the office. If follow-up is needed after the visit, the provider is NOT allowed to access the minor’s records through the HealtheConnections Portal. However, if the provider is set up for Results Delivery from HealtheConnections, they will be able to view the results in their electronic health record (EHR) or through the Results service within the HIE Portal.
Why can't a minor override an affirmative consent given by a parent/guardian?
Parents/guardians have a legal obligation to make important decisions about their children’s lives. New York recognizes that the “age of majority” is 18 years old. Until that age, a parent/guardian is responsible for a minor’s care unless the minor has extenuating circumstances, prior to turning 18 years old.
A minor is only allowed to “assent” to medical treatment being provided to them. If a parent/guardian has consented “Give Consent”, a minor is not allowed to reverse that option. If the parent/guardian has consented “Deny Consent”, “Deny Consent, Except in a Medical Emergency”, or has not yet provided a consent value, then the minor can override any of these options by assenting.
How does the MCSO option work in HealtheConnections?
Once the patient has signed the One-Time Authorization form, the HealtheConnections user will look up the patient through Patient Search/Lookup in the HIE Portal. Users must click on the patient’s name and follow the prompts to utilize the MCSO action. View step-by-step instructions in the HIE User Guide. These accesses are audited routinely to ensure appropriate organizations are using the action properly.
Note: the MCSO is only effective during the duration of the patient’s visit and does not change the parent/guardian-provided consent on file.
What is required to share or access MCS data?
A provider must follow federal and state laws for disclosing minor consented data. If minor consented data is shared with the participant, it is the responsibility of that participating organization’s RHIO Administrator to ensure their users follow federal, state, and HIPAA laws for re-disclosing health information.
HealtheConnections’ consent allows a provider to access and view a patient’s record as part of the HIE. This consent is also needed for statewide Patient Record Lookup (sPRL), to search for a patient’s records in the other QEs, and some Statewide Encounter Alerts Service functions, such as Part 2 Mental Health and Substance Use alert data.
