Confidentiality, Privacy and Security

Medical POA Health Care Agent Record Access

  • 1.  Medical POA Health Care Agent Record Access

    Posted 07-16-2019 13:19
    Does the designated Health Care Agent on a Medical Power of Attorney have access to the patient's records when the document is signed, dated and notarized/witnessed? Or is access only given to agent when doctor certifies patient incompetent and agent's authority goes into effect. I am just wanting to clarify when the agent may have access to the patient's medical records.

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    Melissa Thompson, RHIT, CCS
    Health Information Director
    Stephens Memorial Hospital
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  • 2.  RE: Medical POA Health Care Agent Record Access

    Posted 07-16-2019 14:13
    We will only honor a request when the POA has been activated.  If the individual is still competent and the POA has not been activated, the individual determines who gets access.

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    Nancy Davis, MS, RHIA, CHPS
    Director of Compliance & Safety
    Door County Medical Center
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  • 3.  RE: Medical POA Health Care Agent Record Access

    Posted 07-17-2019 08:40
    ​Agreed however we have found that you need to read the POA paperwork carefully as some are active upon signature and others stipulate only after the patient is no longer competent.

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    Wauleah Larson, RHIA
    Director of Revenue Cycle (PA/HIM)
    St Thomas More Hospital
    Canon City, Colorado
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  • 4.  RE: Medical POA Health Care Agent Record Access

    Posted 07-17-2019 10:38
    We do the same Wauleah.  I have found you must read each very carefully.​

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    Kathryn Boyes
    Director, HIM
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  • 5.  RE: Medical POA Health Care Agent Record Access

    Posted 07-17-2019 13:29
    you do have to read the paperwork carefully as some will contain statements that they are active at time of signature (these are usually durable POAs) but if they require activation, they are 'just a piece of paper' and have no legal standing until the patient is not able to make their own choices and the patient's medical provider has agreed to that. ​

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    Aimee Barta , RHIT
    Sr. Release of Information Specialist
    barta.aimee@mayo.edu
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