The agency follows two procedures in granting access to medical records of a minor
child:
First, under the Privacy Act of 1974 and the agency's privacy regulations at 20 C.F.R.
§ 401.40 and 401.55(c), a parent or legal guardian may request access to a minor's
records, when acting on the minor's behalf. Requests for Privacy Act access should
be directed to the manager of the SSA system of records in which the records are maintained
or made in person at the minor's local Social Security office. However, under our
regulations, a parent or legal guardian may not directly access the medical records
of a minor child. A parent or legal guardian requesting access to medical records
on behalf of a minor child must designate a physician or other health professional,
excluding family members, to receive the records.
Second, SSA will provide direct access to a parent or legal guardian when SSA has
determined that due process requires the release of the information. In these cases,
we permit direct access to a minor child’s medical records only in Hearing and Appeals
Council cases or at the Disability Hearing Unit (DHU) level, to protect the child’s
right to due process. The agency handles these disclosures of and access to a minor
child's medical records at these levels as part of the adjudication process (separate
from processing as a Privacy Act access request).
In both Privacy Act access requests and due process access cases, the parent or legal
guardian must be acting in the best interests of the child. When the parent or legal
guardian may not be acting in the child's interests (e.g., if a minor objects to disclosure
of his or her medical information to the parent or legal guardian), consult with OPD
prior to disclosure.
If a parent or legal guardian requests access to the medical records of a minor child,
take the following actions:
1. Privacy Act Access Requests and Cases below the ALJ Hearing and DHU levels
When processing Privacy Act access requests or cases below the ALJ Hearing and DHU
levels:
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Ensure a proper request for records has been made and that a representative has been
designated;
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Ensure the parent or legal guardian's identity has been verified;
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Ask the designated physician or health professional to consider any adverse effect
disclosing the record to the parent or legal guardian may have on the minor; and
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Send a notice to the requesting parent or legal guardian informing them that the medical
records were sent to a designated doctor or health worker.
Send the medical records of a minor to a physician or health professional. Do not
grant direct access if a parent or legal guardian refuses to name a designated representative.
Refer the case to ODP.
2. Cases at ALJ Hearing or Appeals Council level or DHU level, if Due Process Need for
the Records
When a case is at the ALJ hearing or Appeals Council level, only OHO may grant a parent
or legal guardian (whose identity has been verified) direct access to a minor child’s
medical records to protect the child’s right to due process. If OHO determines that
due process does not require disclosure, please follow the process in section 1 above.
When a case is at the DHU level, only the DHU may grant a parent or legal guardian
(whose identity has been verified) direct access to a minor child's medical records
to protect the child's right to due process. If the DHU determines that due process
does not require disclosure, please follow the process in section 1 above.