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hipaa permits a patient to designate a personal representative to act on their behalf for healthcare decisions and access of phi for the facilitation of phi for care Preview on Page 1

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An individuals spouse generally is not the individuals personal representative for purposes of the HIPAA privacy rule simply by virtue of marital status since in most jurisdictions, one spouse does not automatically have the legal right to make health care decisions on behalf of the other spouse.
WHOM WILL THE COURT APPOINT TO SERVE AS PERSONAL REPRESENTATIVE? If the decedent had a valid Will, the judge will appoint the person or institution named by the decedent in that Will to serve as personal representative, as long as the named person or bank or trust company is legally qualified to serve.
Agent: a designated person legally empowered to make decisions related to the health care of an individual (the declarant) in the event that the individual is unable to do so; also known as a proxy or surrogate.
Agent: a designated person legally empowered to make decisions related to the health care of an individual (the declarant) in the event that the individual is unable to do so; also known as a proxy or surrogate.
733.302 Who may be appointed personal representative. Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.
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Any individual who is at least 18 years old who is a resident of Florida at the time of the decedents death, is qualified to act as the personal representative. See, 733.302, Fla. Stat.
The Personal Representative Is: An Adult or. An Emancipated Minor. A person with legal authority to make health care decisions on behalf of the individual. Examples: Health care power of attorney. Court appointed legal guardian.
Completing and signing the HIPAA Representative form does not give the HIPAA Representative authority to make health care decisions for the patient. It does allow the HIPAA Representative to have access to the patients protected health information (PHI).
Examples are a spouse or other family member named in a health care power of attorney, a parent or legal guardian of a minor, a person appointed by a court to serve as custodian, guardian or conservator and an executor, administrator, or other person with authority to act on behalf of a deceased individual.
The purpose of a personal representative is to carry out the wishes of the decedent regarding distribution of his/her assets, and to complete the decedents business, such as paying bills and filing tax returns.

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