Does the HIPAA Privacy Rule change the way in which an individual can grant another person health care power of attorney?
No. Nothing in the Privacy Rule changes the way in which an individual grants another person power of attorney for health care decisions. State law (or other law) regarding health care powers of attorney continue to apply. The intent of the provisions regarding personal representatives was to complement, not interfere with or change, current practice regarding health care powers of attorney or the designation of other personal representatives. Such designations are formal, legal actions, which give others the ability to exercise the rights of, or make treatment decisions related to, an individual. The Privacy Rule provisions regarding personal representatives generally grant persons, who have authority to make health care decisions for an individual under the law, the ability to exercise the rights of that individual with respect to health information.
Related Questions
- Does an individual have a right under the HIPAA Privacy Rule to restrict the protected health information his or her health care provider discloses for workers’ compensation purposes?
- Does the HIPAA Privacy Rule change the way in which an individual can grant another person health care power of attorney?
- Does the HIPAA Privacy Rule address when a person may not be the appropriate person to control an individuals PHI?
