HIPAA: Surrogate Decision Making and Advance Health Care Directives. Carolyn Heyman-Layne, Esq. Dorsey & Whitney LLP December 20, 2007. Third-Party Access to Records . Personal Representatives (HIPAA Concept) Patient advocate, patient proxy, attorney-in-fact Advance Health Care Directive
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Carolyn Heyman-Layne, Esq.
Dorsey & Whitney LLP
December 20, 2007
Personal Representative: Directives
Includes, but not limited to, health care power of attorney, parents, legal guardians, etc.
Authority derived from authority to make health care decisions under applicable law
Health Care Power of Attorney:
Personally chosen by individual and may include anyone with legal capacity
Authority derived from Advance Health Care Directive (or, if prior to January 1, 2005 – Health Care Power of Attorney)Personal Representative v. Health Care Power of Attorney