A Minnesota Health General directive does not authorize any health care agent to act on behalf of the principle until the principal lacks the capacity to make those decisions. This is why it is a good idea to include specific wording in the health care directive to address this issue. Minnesota, United States Section 145C.08 that an agent health care by acting in accordance with health care directive has the same authority as the director to receive, review and obtain copies of medical records main, and consent to the disclosure of medical records of principal, unless the director otherwise specified in the directive for health care.

Minnesota Statutes sec. 145C.05 subdivision 2, clause c allows a principal to authorize health care agent to make care decisions health for the primary, though the principal retains decision-making capacity. Notwithstanding any other provision in this health care directive to the contrary, and if I have or maintain the capacity to decide for any other purpose, I give my health care agent and any person named as successor or alternative health care agent in my health care directive, whether or not then acting as my primary health care agent the authority to: 1) receive, review, obtain copies and otherwise have access to obtain disclosure of my medical records and other protected health information held in any form, written or oral, regarding any health conditions past, present or future medical or mental, without limitation, for any of my health care providers as if my health care agent were me, and 2) be recognized as my personal representative under the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d by any provider of health care, insurance company or health information exchange that has provided treatment or services to me or who has paid or is seeking payment from me for such services, or is the maintenance of any protected information about me, and 3) to perform or provide specific authorizations or authorizations for the use and disclosure of my medical records and my protected health information from my health care providers and third parties for any purpose of my health care agent may deem advisable. This authorization shall expire and not remain in force until my directive health care remains in force.

This example should not be used as a substitute for sound legal advice from a licensed attorney. Each person is different and has different needs. Please consult an attorney in your area to discuss your specific needs estate planning.

About the Author:

Blake Vanderhyde is an attorney in Minnesota. To learn about Minnesota Probate Lawyer please visit our website.

Article Source: ArticlesBase.com – Minnesota Health Care Directive- Disclosure of Health Information Governed by Hipaa

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