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IS AN AGENT DESIGNATED IN A
NEW YORK HEALTH CARE PROXY ENTITLED TO HOSPITAL MEDICAL RECORDS UNDER
HIPAA? Click here to save article in WinZip.exe format to your PC A
daughter, who had obtained a power of attorney and a health care proxy
from her mother, who was caring for her mother sought to obtain medical
records from a Long Island hospital.
The hospital refused offering the following reasons: (1) the power
of attorney does not relate to and cannot implicate health care decision
making in New York, (2) the agent designated in a health care proxy is not
a “qualified person” under the New York Public Health Law which would
allow release of such records, (3) federal regulations control this legal
issue unless NY law is “more stringent” and NY law is not more
stringent, and (4) a request for medical records under federal regulations
must come from the mother herself. The
hospital indicated if records are needed, all that the daughter need do is
commence a guardianship proceeding and obtain such authority from a court. The
daughter argued that (1) a guardianship is expensive and not needed and
that, (2) NY law is more stringent than the federal regulations.
The words “more stringent” would seem to mean more protective
of the privacy of the mother. The daughter further stated that (3) she could not carry out
her obligation as the agent in a health care proxy without having access
to medical records. The
court sided with the daughter and specifically referred to NY law which
provides that under the
Public Health Law that “Notwithstanding any law to the contrary, the
agent shall have the right to receive medical information and medical and
clinical records necessary to make informed decisions regarding the
principal's health.” |
