[mercurijw]

Can the health care proxy view the patients medical records ?

[AK lawyer]

If that's what the proxy form says.

But, for your information, HIPAA is a federal, not state, law.

[ScottGem]

A Health Care proxy is a person appointed to make medical decisions when the patient can't. To make such a decision the proxy would need to understand the patient's condition, which could mean viewing their records.

If you are asking whether they can view those records BEFORE be called on the act as a proxy, that can be specified in the proxy form.

[ballengerb1]

In MA a health care proxy actually must read your medical file and diagnois, it is required by MA law that this review be done with your doctor before the proxy can make decisions.

[JudyKayTee]

I'm not sure why OP is asking. In NY the proxy can (and should) read the records (or at least have them explained) when and if he proxy is called into use. For example, my colleague Ballenger has my health care proxy. He cannot go to a facility and ask to see my records UNLESS the proxy is in use - I am incapable of making my own decisions. The decision as to whether I am capable is left to the Physicians.

Example - your neighbor has your health care proxy. Unless/until the neighbor has to USE the powers granted by the proxy he/she has no powers.