(a) Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information.
(b) Unless otherwise specified in an advance health-care directive or court order, an agent appointed by a valid advance health-care directive under this chapter, a surrogate determined and confirmed under § 2507 of this title or a guardian of the person of a minor or adult appointed pursuant to a court order shall be authorized as a “personal representative” with full authority and standing thereof as provided in the Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191], its regulations and the standards issued by the Secretary of the United States Department of Health and Social Services.
Structure Delaware Code
Chapter 25. HEALTH-CARE DECISIONS
§ 2502. Right of self-determination.
§ 2503. Advance health-care directives.
§ 2504. Revocation of advance health-care directive.
§ 2506. Decisions by guardian.
§ 2508. Obligations of health-care provider.
§ 2509. Health-care information.
§ 2512. Assumptions and presumptions.
§ 2517. Recognition of advance directives executed in other states.
§ 2518. Effect on prior declarations and directives.
§ 2519. Health-care institutions and guardianships for nonacute patients.