You may wonder how HIPAA rules and senior care affect your ability to help your parent manage medical care. Many adult children feel limited when they try to talk with doctors or review lab results. Much of that confusion comes from misunderstanding how privacy laws actually work.
This post explains how HIPAA affects senior care and what families can do to stay informed and compliant.
How HIPAA Rules and Senior Care Work in Practice
What Is HIPAA and Why It Matters in Senior Care
HIPAA stands for the Health Insurance Portability and Accountability Act. Congress enacted it in 1996 to protect patient health information and prevent unauthorized disclosure.
The law sets national standards for how medical providers, insurance companies, and healthcare systems handle private records. It ensures that personal health information remains confidential while still enabling necessary communication between providers and families.
In senior care, HIPAA is especially important because many older adults rely on caregivers to manage medications, appointments, and treatment updates.
Knowing what HIPAA allows, and what it restricts, can help you avoid delays, misunderstandings, and frustration when coordinating your parent’s care.
Understanding Covered Entities and PHI
HIPAA applies to covered entities such as doctors, hospitals, pharmacies, health plans, and healthcare clearinghouses. Protected Health Information, or PHI, includes any details about a person’s medical condition, treatment, billing, or insurance. Any organization that electronically transmits PHI in standard transactions must follow both privacy and security requirements under HIPAA.
Your Parents’ Right to Access Records
Every individual has a legal right to access their medical information.
A provider must respond to a written request for records within 30 days, with one possible 30-day extension if necessary. Your parent can also authorize the release of their medical records to you or another caregiver. This right applies to both paper and electronic records, including test results and visit notes.
When You Act as Personal Representative
If you are your parents’ healthcare power of attorney or named decision-maker, you are considered their personal representative under HIPAA. As a personal representative, you have the same access rights as your parent for records and disclosures.
Your access must align with the authority granted in your legal documentation, such as a power of attorney or guardianship.
You may present copies of those documents to any healthcare provider involved in your parent’s care.
Disclosures to Family or Friends Who Are Not Representatives
HIPAA allows doctors and other providers to share relevant information with family members or friends involved in a patient’s care. This applies when the patient is present and agrees, or when the patient does not object to the disclosure.
If your parent is incapacitated or unable to give consent, the provider may still share information if it is in their best interest. However, only information directly relevant to care should be shared, such as current medications, discharge instructions, or treatment updates.
HIPAA in Home and Long-Term Care Settings
Many senior living communities and home health agencies are subject to HIPAA if they handle billing or transmit health information electronically. They must protect residents’ information through secure systems, privacy training, and proper record handling.
If a facility is not a covered entity, it may still follow similar internal privacy policies or be regulated under state law. Families should always ask how their loved one’s information is stored, shared, and protected in that facility.
Dealing with Digital Records and Proxies
The 21st Century Cures Act expanded patients’ rights to electronic health information and reduced barriers to access.
Many healthcare systems now allow proxy access, which lets caregivers view test results or visit summaries through online portals. You can request that records be sent to your secure email or health app if the provider supports electronic delivery.
Always confirm that the digital platform used is secure and compliant before sharing sensitive information.
Tips for Families to Gain Access Effectively
- Ask your parent to complete and sign a HIPAA authorization form that lists you as an authorized recipient.
- Provide a copy of your power of attorney or healthcare proxy to each provider or senior living facility.
- When requesting records, clearly list the information you need, the format, and the specific date range.
- Keep a detailed log of your requests, response dates, and any fees charged.
- If access is delayed or denied, start by contacting the facility’s privacy officer before filing a formal complaint.
What Happens When a Provider Denies Access
HIPAA only allows limited reasons for denying access, such as psychotherapy notes or records prepared for legal action.
If a denial occurs, the provider must give a written explanation and offer an appeal process. You have the right to challenge the denial and request a review by another licensed professional.
If your appeal fails, you can file a complaint with the Office for Civil Rights, which enforces HIPAA compliance.
Common Questions Adult Children Ask
Can I pick up prescriptions for my parent?
Yes. A provider may allow you to pick up a prescription or receive updates if it determines your involvement in care is appropriate.
Is verbal consent enough to share information?
Yes. If your parent is present and does not object, verbal consent allows the provider to discuss relevant information with you.
Does HIPAA apply in every state?
Yes. HIPAA is a federal law, so it applies across all states. Some states have stricter privacy laws that work alongside HIPAA.
What if the facility is not a HIPAA-covered entity?
HIPAA may not apply to every senior living community. In that case, privacy and access will depend on state law or facility policy.
Support and Privacy That Families Can Trust
Understanding HIPAA rules and senior care can help you confidently and respectfully advocate for your parent.
At Bethel Gardens, we work closely with families and healthcare providers to ensure information is shared safely and efficiently. Our compassionate team helps you stay informed, organized, and supported through every step of your loved one’s care journey.
Contact Bethel Gardens today to learn how our senior care programs can bring clarity, comfort, and peace of mind to your family.
