HIPAA is the acronym for the Health Insurance Portability and Accountability Act. Congress enacted HIPAA to increase the medical privacy for individuals. Just like with almost every law that Congress passes, there is usually a good motive behind the law, but the application of the law creates issues. HIPAA was passed with good intentions of keeping all of our medical information private, but in its application by hospitals and doctors it has created a lot of issues for those that don’t have a signed HIPAA form.
Due to the HIPAA laws, if a loved one is in a car accident and admitted to the hospital in an unconscious state, the hospital will refuse to even give out what room number they are in for fear of violating the HIPAA rules. This is why it is imperative that you and your loved ones have a HIPAA form which authorizes the doctors and hospital to release your medical records to those you have previously selected.
Often times, as part of a comprehensive estate plan, a health care power attorney will be created. However,if a HIPAA form does not accompany this document, your power of attorney will not have access to your medical records to make health care decisions for you. If you are unable to speak for yourself and make your own medical decisions, a health care power of attorney accompanied with a HIPAA form is critical.
One has to be very careful when it comes to having a HIPAA form prepared for them as not all HIPAA forms have the required elements to make it valid. In order for you HIPAA form to be valid it must contain the following elements:
- A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion;
- The name or other specific identification of the person(s), or class of persons, authorized to make the requested use or disclosure;
- The name or other specific identification of the person(s), or class of persons, to whom the covered entity may make the requested use or disclosure;
- An expiration date or an expiration event that relates to the individual or the purpose of the use or disclosure;
- A statement of the individual's right to revoke the authorization in writing and the exceptions to the right to revoke, together with a description of how the individual may revoke the authorization;
- A statement that information used or disclosed pursuant to the authorization may be subject to redisclosure by the recipient and no longer be protected by this rule;
- Signature of the individual and date.
If you are concerned that your HIPAA form does not meet these requirements you should come in and see on of the attorneys at MH to update your HIPAA form. If you and/or your loved ones do not currently have a HIPAA form please come in to see us so we can assist you and/or your loved ones in creating this critical document. To schedule your free consultation with an MH Estate Planning Attorney, call 888.222.1328 today!
Contributed by Prescott and Flagstaff MH Estate Planning Attorney David T. Eastman
Why Choose Morris Hall:
You have a number of options when it comes to estate planning, so why pick Morris Hall? First off, estate planning and asset protection are a very complicated endeavor and you should only trust someone who focuses exclusively on those matters. Also, MH is a proud member of The American Academy of Estate Planning Attorneys (AAEPA) which provides us additional support, advanced training, tools and information that is not available to others – which means that we can better protect your assets and your loved ones. We are one of only two firms in Arizona that belong to the AAEPA and are the only firm in New Mexico that has been granted membership. If you have assets and loved ones that you want to protect, you are in good hands with MH. Contact us today at 888.222.1328 to schedule an appointment!
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.