Talking to a parent's doctor: what HIPAA allows
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.
HHS says: “If a person can make health care decisions for you using a health care power of attorney, the person is your personal representative.” And: “Generally, 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.”
Two things that can change it
- State law. HHS: “Your personal representative can be named several ways; state law may affect this process.”
- Safety. HHS: “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.”
What your parent’s document allows, and when it takes effect, is a question for whoever drew it up, or an elder law attorney.
More questions caregivers ask
- Can I get a copy of my parent's medical records?
- Does my parent's doctor have to tell me anything?
- Who can see a parent's medical records after they die?
- All the questions
From Centis, a free care notebook you talk to. This is general information from HHS’s own pages, not legal advice; state law can make a difference.
Further reading
- Personal Representatives (opens in a new tab), from the US Department of Health and Human Services