Legal Question in Health Care Law in Illinois

My brother has power of attorney over my mothers medical decisions,and hipaa law is in effect for releasing medical info,but my mother wants me in the room when doctors come in,do I have to leave the room,because of hipaa law,can she discharge herself from hospital she just wants to go home.


Asked on 4/08/12, 7:37 pm

1 Answer from Attorneys

Adam S. Tracy Securities Compliance Group Ltd

As far as being in the room, you generally have a right to be there unless you or your brother states that you cannot be there. Moreover, your mother, provided she is of sound mind, can seek to have herself discharged. Most power of attorneys are invoked only when the person is incapacitated in some means. I hope this helps. Thanks.

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Answered on 4/11/12, 7:51 pm


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