How does a covered entity identify an individuals personal representative?
State or other law determines who is authorized to act on an individual’s behalf, thus the Privacy Rule does not address how personal representatives should be identified. Covered entities should continue to identify personal representatives the same way they have in the past. However, the HIPAA Privacy Rule does require covered entities to verify a personal representative’s authority in accordance with 45 CFR 164.514(h).
Related Questions
- May a covered facility disclose its preliminary tier level to another entity or individual (e.g. a trade association or another facility)?
- Under the Privacy Rule can a covered entity honor an individual authorization form that is a faxed copy rather than the original form?
- How does a covered entity identify an individuals personal representative?
