In certain situations, one person may have legal authority to make health care decisions on behalf of another. An example of this situation is a parent making health care decisions on behalf of a minor child. State law, in conjunction with HIPAA, determines who may serve as a personal representative on behalf of another. A personal representative has authority to exercise all of an individuals HIPAA rights, including the right to examine and receive a copy of the individuals PHI, request an amendment of the PHI, request an accounting of disclosures and authorize disclosure of PHI.
The Visio charts at this link are a guide for West Virginia Executive Branch HIPAA covered providers to follow in making decisions as to who may serve as an individuals personal representative.
**These documents are current as of July 27, 2007**