May adults with mental retardation control their PHI if they are able to authorize uses and disclosures of their PHI?
Individuals may control their PHI under the HIPAA Privacy Rule to the extent State or other law permits them to act on their own behalf. Further, even if an individual is deemed incompetent under State or other law to act on his or her own behalf, covered entities may decline a request by a personal representative for PHI if the individual objects to the disclosure (or for any other reason), and the disclosure is merely permitted, but not required, under the Rule. However, covered entities must make disclosures that are required under the Rule. Consequently, with respect to the individual’s right of access to PHI and for an accounting of disclosures, covered entities must provide the individual’s personal representative access to the individual’s PHI or an accounting of disclosures upon the request of the personal representative, unless the covered entity, in the exercise of professional judgment, believes doing so would not be in the best interest of the individual because of a reason
Related Questions
- May adults with mental retardation control their protected health information if they are able to authorize uses and disclosures of their protected health information?
- May adults with mental retardation control their PHI if they are able to authorize uses and disclosures of their PHI?
- Do the proposed modifications have any impact on research uses and disclosures of PHI?
