November 13, 2018
Getting a Loved One’s Medical Records

Getting a Loved One’s Medical Records

by Health After 50  

If you’re a caregiver for a loved one, you may need access to his or her medical records. In addition to providing your right to your own medical information, the HIPAA Privacy Rule recognizes the rights of personal representatives—those who are legally authorized to make healthcare-related decisions on another’s behalf.

A personal representative may be a mentally incapacitated adult’s legal guardian, a healthcare power of attorney or an executor of an estate, among others. A personal representative can exercise the patient’s rights, and he or she has the right to the patient’s protected health information. Some exceptions and limitations apply; for instance, a personal representative with a limited power of attorney for a particular procedure may only access information related to that specific healthcare decision.

Finally, you have the right to a patient’s records if he or she has provided prior written authorization for the disclosure of his or her health information to you.

This article was adapted from HealthAfter50.com.