Get ABA Commission on Law and Aging Sample HIPAA Right of Access Form for Family Member/Friend

With limited exceptions, the HIPAA Privacy Rule gives individuals the right to access, upon request, the medical and health information (protected health information or PHI) about them in one or more designated record sets maintained by or for the individuals' health care providers and health plans (HIPAA covered ...

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 individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the PHI.

Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient's care or payment for health care.

A: The HIPAA privacy rule does not prohibit healthcare organization employees from accessing their own records. In fact, the privacy rule gives individuals the right to access their PHI. ... Instead, they require employees to request access to their PHI through the HIM department, just as they do all other patients.

You have a legal right to copies of your own medical records. A loved one or caregiver may have the right to get copies of your medical records, too, but you may have to provide written permission. Your health care providers have a right to see and share your records with anyone else to whom you've granted permission.

Organizations that do not have to follow the government's privacy rule known as the Health Insurance Portability and Accountability Act (HIPAA) include the following, according to the US Department of Health and Human Services: Life insurers. Employers. Workers' compensation carriers.

Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient's care or payment for health care.

The Privacy Rule does not require a health care provider or health plan to share information with your family or friends, unless they are your personal representatives. ... You do not object to sharing of the information, or. If, using its professional judgment, a provider or plan believes that you do not object.

Similarly, HIPAA allows a doctor to share additional information with a patient's family member, friend, or caregiver as long as the information shared is directly related to the person's involvement in the patient's health care or payment for care. 45 CFR 164.510(b)(1)(i).

Outside of the HIPAA right of access, other provisions in the Privacy Rule address disclosures to family members. Specifically, a covered entity is permitted to share information with a family member or other person involved in an individual's care or payment for care as long as the individual does not object.