20:06:21:87Authorized representative.

For purposes of §§ 20:06:21:87 to 20:06:21:104, inclusive, an authorized representative is a person authorized to act as the covered person's personal representative within the meaning of 45 CFR 164.502(g) promulgated by the Secretary under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act and means the following: (1) A person to whom a covered person has given express written consent to represent the covered person in an external review; (2) A person authorized by law to provide substituted consent for a covered person; or (3) A family member of the covered person or the covered person's treating health care professional if the covered person is unable to provide consent.

Source: 36 SDR 209, effective July 1, 2010.