Can the personal representative of an adult or emancipated minor obtain access to the individuals medical record?
The HIPAA Privacy Rule treats an adult or emancipated minors personal representative as the individual for purposes of the Rule regarding the health care matters that relate to the representation, including the right of access under 45 CFR 164.524. The scope of access will depend on the authority granted to the personal representative by other law. If the personal representative is authorized to make health care decisions, generally, then the personal representative may have access to the individuals protected health information regarding health care in general. On the other hand, if the authority is limited, the personal representative may have access only to protected health information that may be relevant to making decisions within the personal representatives authority. For example, if a personal representatives authority is limited to authorizing artificial life support, then the personal representatives access to protected health information is limited to that information which
Related Questions
- Can the personal representative of an adult or emancipated minor obtain access to the individuals medical record?
- Can the personal representative of an adult or emancipated minor obtain access to the individuals medical record?
- Can an adult or emancipated minors personal representative access that persons medical record?
