Talking to a parent's doctor: what HIPAA actually allows
From Centis, a free care notebook you talk to.
“Sorry, I can’t discuss that because of HIPAA” is one of the most confusing things a family caregiver hears. The rule allows more than many people think, and less than others assume.
Every answer here quotes the US Department of Health and Human Services, which enforces HIPAA, from its own pages. It’s general information, not legal advice: state law can change who counts as your parent’s representative.
The questions
- Can I talk to my parent's doctor?Often, yes. HHS says a provider can share with family who are involved in your parent's care, as long as your parent doesn't object.
- Do I need to be on my parent's HIPAA form?Not always. None of the ways HHS lists for a provider to share with family requires a signed form; your parent can simply say it's OK.
- Can the doctor talk to me if my parent can't give permission?It may. HHS says that when your parent isn't there or can't give permission, a provider may share with you if it seems like this would be in their best interest.
- Does my parent's doctor have to tell me anything?No, unless you're your parent's personal representative. HIPAA allows a doctor to share with family; it doesn't require it.
- Does a health care power of attorney let me see my parent's records?Generally, yes. HHS says someone who can make health care decisions under a health care power of attorney is the personal representative, who can see and get copies of records.
- Can I get a copy of my parent's medical records?Your parent can, and so can their personal representative. HHS says only the person or their personal representative has the right to access the records.
- Can I pick up my parent's prescription?Yes. HHS's own example says that when your parent sends you, the pharmacist can assume they don't object to you being given the medication.
- What if something in my parent's medical record is wrong?Your parent, or their personal representative, can ask for a correction. HHS says the provider must respond, and must fix what's wrong if it created the information.
- Who can see a parent's medical records after they die?The executor or administrator of their estate, or the person a court or state law authorizes to act for them, HHS says.