CHAPTER 137-J WRITTEN DIRECTIVES FOR MEDICAL DECISION MAKING FOR ADULTS WITHOUT CAPACITY TO MAKE HEALTH CARE DECISIONS
Advance Directives
Section 137-J:9
137-J:9 Confidentiality and Access to Protected Health Information. –
I. Health care providers, residential care providers, and persons acting for such providers or under their control, shall be authorized to;
(a) Communicate to an agent or surrogate any medical information about the principal, if the principal lacks the capacity to make health care decisions, necessary for the purpose of assisting the agent or surrogate in making health care decisions on the principal's behalf.
(b) Provide copies of the principal's advance directive as necessary to facilitate treatment of the principal.
II. Subject to any limitations set forth in the durable power of attorney for health care by the principal, an agent or surrogate whose authority is in effect shall be authorized, for the purpose of making health care decisions, to:
(a) Request, review, and receive any information, oral or written, regarding the principal's physical or mental health, including, but not limited to, medical and hospital records.
(b) Execute any releases or other documents which may be required in order to obtain such medical information.
(c) Consent to the disclosure of such medical information to a third party.