| personal
representative (HIPAA)
Though the exact
terminology may vary, all states' laws permit the designation
of a "personal representative" to make heath care
decisions on another person's behalf, when the latter is incapable
of so doing.
Sometimes this
selection will be based on an explicitly-executed document,
such as a durable power of attorney for health care. Sometimes
the designation derives simply from the relationship between
the representative and the patient -- e.g., a spousal or filial
relationship.
For adults and
"emancipated minors," HIPAA's
rules are fairly straightforward: if a person other than the
patient has the legal right to make a health care decision,
for whatever reason, that person also has a right to make
decisions about the protected
health information (PHI) associated with the decision.
DHHS has noted
that the personal representative in such circumstances "stands
in the shoes" of the patient, and thus has all the rights
that HIPAA provided with respect to the individual's PHI --
for access, accounting for and authorizations of disclosures,
special protections, and so on.
Where the authority
to act for an individual is limited or specific to particular
health care decisions, the personal representative is treated
as the individual only with respect to PHI that is relevant
to those decisions -- e.g., a decision to discontinue life-support.
For "unemancipated
minors," HIPAA begins with the same straightforward rule,
but adds a number of other considerations -- see minors,
privacy rights of (HIPAA) in this glossary.
An executor, administrator
or other person who has the right to act on behalf of a deceased
person (or that individual's estate) is considered a personal
representative under HIPAA.
See also:
Last modified:
12-May-2005
[RC]
|
