Employee Handbook

14.26 Personal Representative

14.26.1 Policy Statement

The Health Plan must treat a personal representative the same as it would the individual who is the subject of the protected health information (PHI), unless one of the exceptions applies. In general, a personal representative is someone who is recognized under state law as a personal representative (e.g., parent/guardian, power of attorney, executor of estate).

14.26.2 Policy Interpretation and Implementation

Rights of Personal Representative

The personal representative must be treated the same as the individual, except as specified below:

 

 

Restrictions on Personal Representative

 

 

 

 

 

  • If the Health Plan reasonably believes that the individual has been or may be subjected to domestic violence, abuse, or neglect by the person seeking to be treated as a personal representative, or that treating the person as the personal representative could endanger the individual.
  • If the Health Plan, in the exercise of professional judgment, decides that treating the person as the individual's personal representative would not be in the individual's best interest.
  • If a parent is the personal representative of a minor child, but disclosure to the parent is prohibited under state law.
  • If a minor child consented to the treatment, no other consent was required, and the minor has not requested the person be treated as the minor's personal representative.
  • If a minor child may lawfully obtain treatment without the consent of a parent and consent was lawfully obtained.
  • If the parent has agreed to a confidential relationship between the minor and the physician with respect to that treatment.

 

 

Record Retention

A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both.

 

 

Privacy Officer

The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays, at (651) 696-6280.

 

 

Violations

Violations of this policy will be subject to discipline.