Section 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 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 in making health care decisions on the principal's behalf.
      (b) Provide copies of the principal's advance directives as necessary to facilitate treatment of the principal.
   II. Subject to any limitations set forth in the advance directive by the principal, an agent 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.

Source. 2006, 302:2, eff. Jan. 1, 2007.