How does a covered entity identify an individual’s personal representative?
State or other law determines who is authorized to act [...]
May adults with mental retardation control their protected health information if they are able to authorize uses and disclosures of their protected health information?
Individuals may control their protected health information under the HIPAA [...]
May personal representatives access health information based on a non-health care power of attorney?
No. Except with respect to decedents, a covered entity must [...]
Does the HIPAA Privacy Rule address when a person may not be the appropriate person to control an individual’s protected health information?
Generally, no. The Rule defers to State and other laws [...]
If someone has a health care power of attorney for an individual, can they obtain access to that individual’s medical record?
Yes, an individual that has been given a health care [...]
Does the HIPAA Privacy Rule change the way in which a person can grant another person health care power of attorney?
No. Nothing in the Privacy Rule changes the way in [...]
Is our medical practice required to notify patients through the mail of any changes to our notice?
No. The HIPAA Privacy Rule does not require a covered [...]
May a covered entity accept documentation of an external Institutional Review Board’s (IRB) waiver of authorization for purposes of reasonably relying on the request as the minimum necessary?
Yes. The HIPAA Privacy Rule explicitly permits a covered entity [...]
Is a covered entity required to apply the HIPAA Privacy Rule’s minimum necessary standard to a disclosure of protected health information it makes to another covered entity?
Covered entities are required to apply the minimum necessary standard [...]
In limiting access, are covered entities required to completely restructure existing workflow systems, including redesigning office space and upgrading computer systems, in order to comply with the HIPAA Privacy Rule’s minimum necessary requirements?
No. The basic standard for minimum necessary uses requires that [...]