An understanding of the role that a personal representative plays in regards to HIPAA is vital to protecting the rights of a minor.
A personal representative, the person authorized under applicable law (presumably state law) to make health care decisions on an individual’s behalf, has access to a child’s medical records; and covered entities must accord a personal representative the same rights as would be accorded the patient. In the case of minors, typically the parent holds this role; however in cases where the parent is not the personal representative, the HIPAA Privacy Rule defers to State or other laws. This video reviews the correlation between HIPAA, state law and personal representatives; and discusses the enforcement of government sanctions.
Doriann H. Cain
Faegre Baker Daniels LLP
- Attorney in the Indianapolis office of Faegre Baker Daniels LLP
- Practice emphasizes regulatory aspects of health care, data privacy, and cyber security
- Conducts regular seminars and workshops on HIPAA, state privacy and consent laws, and data security and privacy
- Indiana Security and Privacy Network, American Health Lawyers Association, Indiana State Bar Association Health Law Council, and American Bar Association
- J.D. degree, Loyola University Chicago School of Law; B.S. degree in health administration, Indiana University – Bloomington
- Can be contacted at 317-569-4837 or [email protected]
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