Who Can Legally Obtain Someone Else’s Medical Records?

extra_large_inline-What-to-Expect-1Houston Medical Records – Many of the questions most commonly asked of nursing home abuse attorney Marian Rosen and her partner Angela Spears revolve around how someone else’s medical records can be obtained and by whom. During consultations with our staff in Houston, we can advise clients how to obtain medical records from nursing homes and help them understand the pertinent state and federal laws.

The HIPAA Privacy Rule

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 includes a privacy rule that sets standards for the security of protected health information. The HIPAA Privacy Rule allows a person to designate a  “personal representative” to act on his or her behalf. This law applies to those who are “legally or otherwise incapable of exercising their rights, or simply choose to designate another to act on their behalf” in making decisions related to their health care.

Under the HIPAA Privacy Rule, personal representatives are permitted to access protected health information and authorize disclosure of that information.

Who Can Be Appointed a “Personal Representative”?

Exactly which parties are permitted to be named personal representatives is determined by the laws of each individual state. Examples of people who are commonly allowed to become personal representatives include the health care power of attorney, court-appointed legal guardian, general power of attorney, parent of minor, executor or administrator of an estate, and durable power of attorney that includes the power to make health care decisions. In some states, the next of kin or other family member can be named a personal representative, as well. In most states, written proof of the relationship will have to be submitted in order to be accepted as a personal representative.

Experienced wrongful death attorneys Marian Rosen and Angela Spears can help you to understand your rights and options as a personal representative.

HIPAA Is a Complex Law

If you have any questions about becoming a personal representative of someone you love who resides in a nursing home, it is important that yo consult a lawyer experienced in dealing with such matters.

Please contact the law firm of Rosen & Spears for further information on answers to your questions regarding your state’s laws affecting your ability to act as a personal representative.

Tagged with: Nursing Home Abuse Personal Injury Wrongful Death

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About the Author: Marian Rosen