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Consumers Personal Representatives

This is Guidance re: Personal Representatives for Consumers

Final

Issued by: Office for Civil Rights (OCR)

Personal Representatives

Three Generations of WomenGenerally, an HIPAA-covered health care provider or health plan must allow your personal representative to inspect and receive a copy of protected health information about you that they maintain.

Naming a Personal Representative

Your personal representative can be named several ways; state law may affect this process. 

If a person can make health care decisions for you using a health care power of attorney, the person is your personal representative. 

Children 

The personal representative of a minor child is usually the child’s parent or legal guardian.  State laws may affect guardianship.  

In cases where a custody decree exists, the personal representative is the parent(s) who can make health care decisions for the child under the custody decree. 

Deceased Persons

When an individual dies, the personal representative for the deceased is the executor or administrator of the deceased individual’s estate, or the person who is legally authorized by a court or by state law to act on the behalf of the deceased individual or his or her estate. 

Exceptions

A provider or plan may choose not to treat a person as your personal representative if the provider or plan reasonably believes that the person might endanger you in situations of domestic violence, abuse, or neglect.

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.