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Caregiver permissions by portal: what each one asks for

What permission does a caregiver need for each portal or office?

Caregiver permissions depend on the door. A clinic portal usually runs on proxy access, a separate login the patient approves. Copies of the chart take the patient's signed request or a HIPAA authorization, unless you are their personal representative under state law. 1-800-MEDICARE needs written permission on form CMS-10106, and Social Security payments need an appointed representative payee, which a power of attorney does not replace. A doctor may also talk with you when you are involved in care and the patient does not object. The table below lists each place, what it asks for, and the public source.

Caregiver permissions by portal and office
Where you need accessWhat it takesWho sets it upSource
Clinic or hospital patient portalProxy (shared) access: your own login, at the level of access the practice offersThe patient, through the practice's registration processONC
A child's patient portalParent access, which may be limited for some adolescent informationThe practice, within state lawMedlinePlus, ONC, HHS
The doctor's office by phoneNo form under HIPAA if you are involved in care and the patient does not object; HIPAA does not require the office to shareThe patientHHS
Copies of the medical recordA written, signed request naming you, or a HIPAA authorization; a personal representative can ask directlyThe patient, or their personal representativeHHS
Health plan member servicesThe same family and friends rule as providers, or a personal representativeThe patientHHS
1-800-MEDICAREForm CMS-10106, for any or limited information, online or by mailThe person with Medicare, or a personal representative with papers attachedCMS
A Medicare appealForm CMS-1696, Appointment of RepresentativeThe person with MedicareMedicare.gov
Social Security or SSI paymentsAppointment as representative payee (form SSA-11); a power of attorney does not countSocial Security, after you applySSA
The Marketplace (HealthCare.gov)An authorized representative the applicant choosesThe applicantHealthCare.gov
Pharmacy pickupNo form; the pharmacist can assume the patient does not object when they send youThe patientHHS
Health care decisionsA health care agent named in a health care power of attorney; powers differ by stateThe patient, while ableMedlinePlus

This is not clinical evidence and not medical advice. It does not replace your care team. Discuss anything here with your clinician before you act on it. Product questions are on the FAQ.

Made by Triangle.

Each place a caregiver deals with asks for its own permission. A clinic portal uses proxy access, a copy of the chart takes the patient's signature or legal authority, Medicare uses form CMS-10106, and Social Security payments need an appointed representative payee. The table under the first question lists each one, what it takes, and the public source behind it.

Is a HIPAA authorization the same as a personal representative, a power of attorney, or a portal proxy?

No. They are four different things, and each one opens a different door. A portal proxy is a login a practice issues, set to whatever level of access it offers. A HIPAA authorization is a signed permission for a specific disclosure. HHS says it has to describe the information, who may disclose it, who may receive it, and an expiration date. A personal representative is a status under HIPAA, not a form: someone with authority under state or other law to make the patient's health care decisions, whom the provider treats as the patient. A health care power of attorney is one of the documents that can create that status, and HHS lists it alongside a court-appointed guardian. Who counts as a personal representative, with its exceptions, is covered in Caregiver access to medical records: which route fits.

How does proxy access to a patient portal work?

It is common now, and each practice runs its own registration. By ONC's count, non-federal acute care hospitals offered caregiver access to 89 to 90 percent of patients' designated caregivers in 2019, and caregiver use doubled between 2020 and 2024, from 24 percent to 51 percent. A proxy view is not always the whole chart. ONC's playbook names age-based limits on adolescent information and restricted access to sensitive items, with psychotherapy notes and pregnancy tests as its examples. Why a proxy login beats sharing a password is covered in Caregiver access to medical records: which route fits.

How can a caregiver talk to Medicare for a parent?

With written permission on form CMS-10106, Authorization to Disclose Personal Health Information. The form says that by law, 1-800-MEDICARE needs permission in writing before it can share information with anyone else. The person with Medicare names up to two people or organizations (more can go on the back), chooses any information or limited information such as claims, eligibility, plan enrollment or premium payments, and picks an end date or none. It can be submitted through their secure Medicare.gov account or by mail, and canceled at any time in writing. A personal representative can sign instead and attach paperwork such as a power of attorney. The form notes that a state may set different limits on how long Medicare can share. Help with an appeal is a separate form: CMS-1696, Appointment of Representative.

Can I manage a parent's Social Security with a power of attorney?

Not the payments. SSA says being an authorized representative, having power of attorney, or sharing a joint bank account is not the same as being a representative payee, and that the Treasury Department does not recognize power of attorney for negotiating federal payments. A payee is someone SSA appoints to manage Social Security or SSI benefits for a person who cannot. To apply, SSA asks for form SSA-11 and identity documents, and the application is usually done face to face. SSA generally looks for family or friends first, and it lets people advance designate up to three individuals who could serve if the need comes up. A payee's authority stays narrow: SSA says a payee cannot sign legal documents other than Social Security documents.

What does a health care power of attorney let me see?

Usually the records tied to the decisions it covers. MedlinePlus says a health care agent, also called a health care proxy, acts only when the patient cannot, and that in most states an agent can access and release medical records. It also says what an agent can do differs by state, that an agent has no control over the patient's money, and that many states require witness signatures on the form. The document's wording sets the reach. If the power of attorney covers just one treatment choice (HHS uses artificial life support as its example), it reaches only the records tied to that choice. A general or durable power of attorney qualifies under HIPAA only when it includes the power to make health care decisions, per the HHS chart.

Can I call my parent's health plan or the Marketplace for them?

Often, yes. HHS applies one rule to providers and health plans alike, so a plan's member services line can talk with a relative who helps pay for or manage care when the patient agrees or does not object. HHS is also clear that the plan has no duty to share with a relative who is not a personal representative. For a Marketplace plan, HealthCare.gov describes an authorized representative as someone the applicant chooses to act on their behalf, like a family member or other trusted person, and notes that some authorized representatives may have legal authority to act for the person.

Where does state law change the answer?

In several places. HHS says whether someone is a personal representative depends on authority under state or other law, and that the Privacy Rule defers to state law on a parent's access to a minor's records. MedlinePlus says a health care agent's powers and signing requirements differ by state. Even the Medicare form notes that a state may set different limits on how long Medicare can share. This page covers the federal rules and the agency forms. It is not legal advice, and the details for a specific family come from that state's law and forms.

Where does Triangle fit once the permissions are set?

After the paperwork, as the shared file. With the patient's permission, Triangle puts their records in one place you can both see. Those records can come from PDFs and scans a family already has, or from participating providers over national networks. Triangle is not a substitute for a portal proxy, a HIPAA authorization, a Medicare form or a legal document, and it does not diagnose or choose treatment.

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Sources

  • ONC Patient Engagement Playbook, Chapter 5: Allow portal access for caregiversHospitals reported offering portal access to 89-90% of patients' designated caregivers in 2019; caregivers using the portal to access the patient's information doubled from 24% (2020) to 51% (2024); certified health IT must let patient-authorized representatives such as family caregivers access, view, download and transmit the patient's information
  • ONC Patient Engagement Playbook, Chapter 5: Allow portal access for caregiversPractices are encouraged to give each caregiver a unique, secure login and set varying levels of access, such as age-based limits on adolescent information or restricted access to psychotherapy notes and pregnancy tests; patients who share their own credentials give caregivers access to their private messages
  • MedlinePlus: How to use your patient portalA parent of a child under 18 may be given access to the child's patient portal
  • HHS OCR: Family Members and FriendsA provider or plan may share with family or friends involved in care or payment if the patient says so, does not object, or the provider judges the patient does not object; the pharmacist can assume no objection when a friend is sent to pick up a prescription; HIPAA does not require sharing with family who are not personal representatives
  • HHS OCR FAQ 2069: Under HIPAA, when can a family member of an individual access the individual's PHI from a health care provider or health plan?The patient can direct a copy to a family member in a written, signed request that clearly names the person and where to send it, and the provider must comply except in limited circumstances; a covered entity may also disclose to any person, including family, with the patient's prior written authorization; whether a family member is a personal representative generally depends on authority under State law
  • HHS OCR FAQ 264: What is the difference between "consent" and "authorization" under the HIPAA Privacy Rule?An authorization is a detailed document that must describe the information, who may disclose it, who may receive it, and an expiration date; with limited exceptions, treatment or coverage cannot be conditioned on signing one
  • HHS OCR: Personal Representatives (guidance, 45 CFR 164.502(g))A personal representative is someone authorized under State or other law to make health care decisions; examples for an adult are a health care power of attorney, a court-appointed guardian, or a general or durable power of attorney that includes health care decisions; a limited health care power of attorney covers only information related to that decision; State or other law should be consulted
  • HHS OCR: Personal Representatives (guidance, 45 CFR 164.502(g))Parents of minors are generally the personal representative, with three exceptions, and the Privacy Rule defers to State or other law on parental access to a minor's information
  • CMS-10106: Authorization to Disclose Personal Health Information Release FormBy law, 1-800-MEDICARE needs written permission before it can share information with someone else; CMS-10106 names up to two people or organizations (more on the back), shares any or limited information (eligibility, claims, plan enrollment, premium payments), runs indefinitely or for set dates, and is submitted through a secure Medicare.gov account or by mail
  • CMS-10106: Authorization to Disclose Personal Health Information Release FormThe form can be revoked at any time in writing; a personal representative signing it attaches paperwork such as a power of attorney; for a deceased person, legal documents such as executor papers are required; the person's state may set different limits on how long Medicare can share
  • Medicare.gov: Other FormsCMS-10106 is used to give Medicare permission to talk to someone you choose about your claims and health records, if you can't
  • Medicare.gov: Appeals FormsCMS-1696, Appointment of Representative, gives another person legal permission to help you file an appeal
  • SSA: Representative Payee ProgramSSA appoints a representative payee to manage Social Security or SSI payments for beneficiaries who cannot; it generally looks for family or friends first, and people can advance designate up to three individuals
  • SSA: Frequently Asked Questions (FAQs) for Representative PayeesBeing an authorized representative, having power of attorney, or a joint bank account is not the same as being a payee; the Treasury Department does not recognize power of attorney for negotiating federal payments; applicants complete form SSA-11, show identity documents, and usually apply face to face; a payee cannot sign legal documents other than Social Security documents
  • HealthCare.gov Glossary: Authorized representativeAn authorized representative is someone you choose to act on your behalf with the Marketplace, like a family member or other trusted person; some may have legal authority to act on your behalf
  • MedlinePlus: Health care agentsA health care agent, also called a health care proxy, makes health decisions only when the person cannot; in most states the agent can access and release medical records; what an agent can do differs by state; the agent has no control over money, which needs a separate power of attorney; many states require witness signatures

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