Is a foster parent automatically deemed designated representative? If so, what documentation (if any) does the office need to obtain prior to releasing any information to the foster parent?
you must check state law in the particular state…does it identify a foster parent as locum parentis (the Department of Child Health Welfare is almost always a locum parentis), or does it identify the foster parent as a legal guardian. In both cases unless superceded by state law this makes the patient a personal representative who is generally entitled to the minor’s information. However, you must also check state law (HIPAA defers to state law in cases of minor’s rights) to see what restrictions if any are placed on releasing minor’s records.
Related Questions
- Is a foster parent automatically deemed designated representative? If so, what documentation (if any) does the office need to obtain prior to releasing any information to the foster parent?
- Is a parent/guardian authorization valid if signed by a foster parent? How about a representative for the Office of Childrens services?
- CAN A COMPANY REPRESENTATIVE OR INSTRUCTOR FAX DOCUMENTATION TO THE BOARD OFFICE?
