Who can sign an authorization to disclose PHI on behalf of a patient under HIPAA?

Under HIPAA, the correct option is that the legal guardian of a minor child can sign an authorization to disclose protected health information (PHI) on behalf of the patient. This is because minors typically do not have the legal capacity to make such decisions regarding their own healthcare information, and therefore a legal guardian is empowered to act in their best interest.

It is important to understand that while a patient's attorney might have the authority to assist in legal matters or represent the patient in administrative processes, they do not have the inherent authority to sign HIPAA-related authorizations unless explicitly authorized or if they have been granted power of attorney that includes healthcare decisions. Therefore, the presence of an attorney's signature does not constitute valid authorization for the disclosure of PHI unless specific conditions are met.

The role of a primary caregiver is more of a supportive nature, providing care and assistance to the patient, but does not generally confer legal authority to make healthcare decisions or sign authorizations on behalf of the patient unless they also hold a legal designation, such as a power of attorney. Given these distinctions, the legal guardian remains the clear choice for signing such documents on behalf of a minor under HIPAA.