Tag: Representatives

Guidance: Personal Representatives | HHS.gov

45 CFR 164.502(g)

Background

The HIPAA Privacy Rule establishes a foundation of Federally-protected rights which permit individuals to control certain uses and disclosures of their protected health information. Along with these rights, the Privacy Rule provides individuals with the ability to access and amend this information, and the right to an accounting of certain disclosures. The Department recognizes that there may be times when individuals are legally or otherwise incapable of exercising their rights, or simply choose to designate another to act on their behalf with respect to these rights. Under the Rule, a person authorized (under State or other applicable law, e.g., tribal or military law) to act on behalf of the individual in making health care related decisions is the individual’s “personal representative.” Section 164.502(g) provides when, and to what extent, the personal representative must be treated as the individual for purposes of the Rule. In addition to

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Personal Representatives | HHS.gov

Three Generations of WomenGenerally, an HIPAA-covered health care provider or health plan must allow your personal representative to inspect and receive a copy of protected health information about you that they maintain.

Naming a Personal Representative

Your personal representative can be named several ways; state law may affect this process. 

If a person can make health care decisions for you using a health care power of attorney, the person is your personal representative. 

Children 

The personal representative of a minor child is usually the child’s parent or legal guardian.  State laws may affect guardianship.  

In cases where a custody decree exists, the personal representative is the parent(s) who can make health care decisions for the child under the custody decree. 

Deceased Persons

When an individual dies, the personal representative for the deceased is the executor or administrator of the deceased individual’s estate, or the person who is legally authorized by a court or

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