Often, a health care provider will ask for the patient`s consent or consent to talk to family or friends in advance about an intake form, but it is not necessary to do this in advance. In emergency situations, for example, there may not be time to obtain written consent in advance. HIPAA requires that individuals have the right to consent or object to the extent possible. In cases where the state or other applicable law does not have parental access to the minor`s protected health information and one of the parents is not the personal representative of a minor child due to one of the exceptional circumstances described above, it is at the discretion of an applicable entity to grant or deny a parent access to the minor`s health information in accordance with 45 CFR 164.524. if it is consistent with state or other applicable law, and provided that the decision is made by a licensed health care professional in the exercise of professional judgment. General provisions. Subject to certain exceptions, the 45 CFR 164.502(g) privacy rule requires relevant companies to treat an individual`s personal representative as a person with respect to the use and disclosure of the individual`s protected health information, as well as the individual`s rights under the rule. When patients receive medical care, family and friends are often present and need to be informed so they can support the patient. While the HIPAA Privacy Rule protects patient privacy, it also allows healthcare providers to share information with anyone to whom the patient has consented to receive information. Patients often want their immediate family, friends, and even neighbors to receive information. The HIPAA Privacy Rule provides a foundation for government-protected rights that allow individuals to control certain uses and disclosures of their protected health information. In addition to these rights, the Privacy Rule provides individuals with the ability to access and amend this information, as well as the right to settle certain disclosures. The Department recognizes that individuals may be legally or otherwise unable to exercise their rights or simply choose to appoint another to act on their behalf with respect to those rights.

According to the rule, a person authorized (under state law or other applicable law, for example: Tribal or Military Law), to act on behalf of the individual in health care decisions, the “personal representative” of the person. Paragraph 164.502(g) specifies when and to what extent the personal representative is to be treated as an individual for the purposes of the rule. In addition to these formal designations of a personal representative, 45 CFR Rule 164.510(b) addresses situations where family members or others involved in health care or payment for personal care may obtain protected health information about the person, even if they are not expressly authorized to act on behalf of the individual. It`s simple – the patient agrees – and it doesn`t have to be in writing. Examples: Power of Attorney for Health Care Legal Guardian appointed by the court General Power of Attorney or Continuing Power of Attorney that includes the authority to make decisions in the health care sector It is not necessary for a person to be appointed as a personal representative to participate in the care of an adult patient. In fact, the role of personal representative is so important that it is treated in essentially the same way as the individual under HIPAA that it should only be reserved for situations where the adult is incapable or incompetent and unable to act for himself. Otherwise, the risk of compromising patient autonomy and privacy is too high. Situations of abuse, neglect and endangerment. If a physician or other covered legal person has reason to believe that a person, including an unemancipated minor, has been or may be a victim of domestic violence, abuse or neglect by the personal representative, or that treating a person as a personal representative of a person could endanger the person, The covered entity may decide: not to treat that person as its personal representative.

If it is not in the best interests of the person in the exercise of professional judgment. For example, if a physician has reason to believe that granting such access to the personal representative of an incapacitated elderly person would put that person at risk, the confidentiality rule allows the physician to refuse such access. Parents and minors. In most cases, under the rule, a parent, guardian or other person acting in loco parentis (collectively, the “parent”) is the minor child`s personal representative and can exercise the minor`s rights with respect to protected health information, as the parent is generally empowered to make decisions regarding the health care of their minor child. The key to family and friends is to follow the patient`s wishes – you can and should engage with them when they participate in the patient`s care. If a personal representative is present, verify his identity and the extent of his powers and commit himself as fully as his authority requires. A person with legal authority to act on behalf of the testator or the estate (not limited to people with authority to make health care decisions) In cases where a custody order is in place, the personal representative is the parent(s) who can make decisions about health care for the child after the custody order. If someone with a power of attorney for health can make health decisions for you, that person is your personal representative. “Personal Representative” under HIPAA means an individual who has the legal authority to make decisions about an individual`s health care. Examples include a spouse or other family member named in a power of attorney for health, a parent or guardian of a minor, a person appointed by a court as a guardian, tutor or curator, and an executor, administrator or other person with authority to act on behalf of a deceased person. The personal representative of a minor child is usually the parent or legal guardian of the child. State laws may affect guardianship.

Myth: Only a legally documented personal representative can participate in a patient`s health care and receive information. Reality: A personal representative puts himself in the patient`s shoes and makes health care decisions, a much more important role than simply participating in the patient`s care. However, the Privacy Rule sets out three circumstances in which the parent is not the “personal representative” with respect to certain health information about the minor child. These exceptions generally track the ability of some minors to receive certain health care without parental consent under state or other laws or standards of professional practice. In these situations, the parent does not control the minor`s health decisions and therefore, according to the rule, does not control the protected health information related to this care. The three exceptional circumstances where one of the parents is not the minor`s personal representative are as follows: Please note that the above discussion is only about sharing information with family and friends and does not mean that family and friends who may hear the information can also make decisions on behalf of the patient. Only a person designated as personal representative can take decisions. However, whether or not a parent is the personal representative of a minor child, the confidentiality rule refers to state or other applicable laws that explicitly address the parent`s ability to obtain information about the minor child`s health.