A. Subject to any limitations set forth in an authorization for the disclosure of health records executed pursuant to § 32.1-127.1:03 and the provisions of subsection F of § 32.1-127.1:03, every health care provider shall make health records, as defined in § 32.1-127.1:03, of a patient available to any person designated by a patient in an authorization to disclose health records pursuant to § 32.1-127.1:03 to the same extent that such health records are required to be made available to the patient had the patient requested such health records.

Terms Used In Virginia Code 54.1-2404.2

  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245

B. Every health care provider shall allow a spouse, parent, adult child, adult sibling, or other person identified by a patient to make an appointment for medical services on behalf of such patient, regardless of whether such patient has executed an authorization to disclose health records to such person pursuant to § 32.1-127.1:03; however, such health care provider shall not disclose protected health information to the person making the appointment for medical services on behalf of the patient unless the patient has executed an authorization to disclose health records pursuant to § 32.1-127.1:03 or unless otherwise permitted or required to do so by federal or state law or regulations. Nothing in this subsection shall prevent a health care provider from sharing relevant protected health information related to the patient’s health care or payment with a spouse, parent, adult child, adult sibling, or other person involved in the patient’s health care or payment in accordance with 45 C.F.R. § 164.510.

2022, c. 784.