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If someone has a health care power of attorney for an individual, can they obtain access to that individual’s medical record?

770 viewsOctober 10, 2022Hospital and Healthcare
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Sam Smith11.38K December 30, 2020 0 Comments

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Blogolu28.38K Posted December 30, 2020 0 Comments

Yes, an individual that has been given a health care power of attorney will have the right to access the medical records of the individual related to such representation to the extent permitted by the HIPAA Privacy Rule at 45 CFR 164.524.

However, when a physician or other covered entity reasonably believes that an individual, including an unemancipated minor, has been or may be subjected to domestic violence, abuse or neglect by the personal representative, or that treating a person as an individual’s personal representative could endanger the individual, the covered entity may choose not to treat that person as the individual’s personal representative, if in the exercise of professional judgment, doing so would not be in the best interests of the individual.

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