Does the HIPAA Privacy Rule address when a person may not be the appropriate person to control an individuals protected health information?
Generally, no. The Rule defers to State and other laws that address the fitness of a person to act on an individuals behalf. However, a covered entity does not have to treat a personal representative as the individual when it reasonably believes, in the exercise of professional judgment, the individual is subject to domestic violence, abuse or neglect by the personal representative, or doing so would otherwise endanger the individual.
Related Questions
- What are a covered entity’s obligations under the HIPAA Privacy Rule with respect to protected health information held by a business associate during the contract transition period?
- Does the HIPAA Privacy Rule address when a person may not be the appropriate person to control an individuals protected health information?
- Does the HIPAA Privacy Rule address when a person may not be the appropriate person to control an individuals PHI?
