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West Virginia State Privacy Office

Personal Representatives

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**