The HIPAA Privacy Rule provides individuals with the right to access their medical and other health records from their health care providers and health plans, upon request. The Privacy Rule generally also gives the right to access the individual’s health records to a personal representative of the individual. Under the Rule, an individual’s personal representative is someone authorized under State or other applicable law to act on behalf of the individual in making health care related decisions. With respect to deceased individuals, the individual’s personal representative is an executor, administrator, or other person who has authority under State or other law to act on behalf of the deceased individual or the individual’s estate. Where this becomes challenging is when there is a divorce proceeding or custody dispute. There are specific instances in which information can be disclosed. For example, a court order requiring the disclosure of protected information will result in the disclosure of protected healthcare information whereas a subpoena for information will not. However, healthcare providers often fail to recognize these protections.
If you are involved in a legal issue in which your protected health information or that of your child is at stake get the information you need to protect your rights. Contact our attorneys at 505-880-8737 or by email at info@JusticeLegalGroup.com.