Who is authorized to share protected health information (PHI) in place of an individual?

The correct answer is that a person's legal representative is authorized to share protected health information (PHI) in place of an individual. This is because a legal representative, which could include a person who has power of attorney or a court-appointed guardian, is recognized by law as having the authority to make decisions on behalf of another individual, especially concerning medical and personal matters. This legal backing empowers them to access and share PHI to ensure that the individual's health care decisions are honored and their rights are protected.

In contrast, while family members like parents or siblings may have a vested interest in a person's health, they do not have the legal authority to access an individual's PHI unless they are specifically designated as legal representatives. Healthcare professionals, although privy to medical information, are bound by confidentiality agreements and cannot share PHI without proper authorization, which is distinct from having the power to share it on behalf of someone else. Friends similarly lack the legal standing to access or disclose PHI unless there is explicit permission from the individual or they have been designated as a representative. Thus, the role of a legal representative is crucial in safeguarding the privacy rights of individuals while ensuring their healthcare needs are addressed appropriately.