Do NYS health proxies need to be amended to include the new HIPAA language regarding release authority (e.g. 42 USC 1320d and 45 CFR 160-164)?

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For purposes of HIPAA, persons who are named as health care proxies become a patients personal representative when the proxy authority goes into effect (i.e., the patient becomes incapacitated). The NYS Public Health Law contains the requirements for health care proxies in New York State. Questions regarding the impact of HIPAA on this law should be directed to the Department of Health. Q: We have a mental health clinic and treat children. The question is with regard to parent's rights to access their children's records. Is there an age at which the parent cannot access the records without the child's consent? (November 2003) A: The term minor is defined in the Mental Hygiene Law as an individual who has not attained the age of 18. Generally, parental consent is required to treat minors and the right to access clinical records follows the authority to consent for treatment. There are a number of exceptions to the requirement for parental consent to treatment of minors, which are set ... more
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