HIPAA is the acronym for the Health Insurance Portability and Accountability Act that was passed by Congress in 1996. The HIPAA regulations allow individuals to authorize the release of their medical information to third parties. Technically, HIPAA applies only to health information transacted electronically; however, "electronics" include fax machines and telephones, so not many providers are exempt from its terms. The HIPAA privacy regulations apply to virtually every physician, dentist, nurse, pharmacist, and health care provider in the United States.
Health care providers are very concerned that they might violate HIPAA and incur severe penalties, and have become very cautious about releasing an individual’s health information to a third party. There must be specific language which authorizes the health provider to disclose health information.
Under the regulations, an authorization for the release or disclosure of an individual’s protected medical information must meet the following requirements:
- be a written document, signed and dated by the individual;
- identify the protected health information to be used or disclosed;
- identify the persons to whom the information may be disclosed;
- contain an expiration date;
- identify the individual’s right to revoke the authorization; and
- acknowledge that the information may be redisclosed by the recipient.
The new rules mean that unless an individual has a valid HIPAA disclosure document, health care providers are not going to be talking about the medical condition of a patient to the families of the patient or the lawyer for the patient. These restrictions on disclosing information can become roadblocks for family members needing to prove incapacity so they can step in and make the health decisions for their incapacitated loved one.
The HIPAA authorization must refer to specific terminology of the Act to be valid. If the authorization doesn’t meet the regulation requirements, your loved ones will need to prove incapacity through a court proceeding called a Guardianship and Conservatorship.
If you currently have a HIPAA authorization, please have one of our experienced estate planning attorneys review it for statutory compliance; and if you don’t have a HIPAA authorization, let us help you give your family members the legal right to access your medical information if you become incapacitated and are unable to give informed consent.
Contact us today to schedule your free consultation by calling 888.222.1328.
What the Attorneys of Morris Hall Can Do For You:
The attorneys at Morris Hall have 100’s of years of combined experience ensuring that families’ assets are protected from probate, unnecessary taxes, creditors, ex-spouses and Medicaid spend-down. The attorneys also help those in Arizona and New Mexico to apply for and receive Medicaid assistance and Veterans Benefits. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead. Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe. 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.
- Planning for your frequent flyer miles.How Anthony Bourdain did it. - July 11, 2018
- Traveling – Plan for Your Destination! - June 27, 2016
- Happy 100th Birthday to the Federal Estate Tax - June 22, 2016
some people get carried away with all this, to the point of being ridiculous. i once couldn’t get blue cross to tell me what a procedure code stood for on an EOB because they said HIPAA prevented them from giving out information. this was on the phone, and i’d provided them with the answers to 5 identifying data questions, so i’m sure they were pretty certain i was me! i had not had any procedures, and was trying to alert them that maybe they’d mistakenly paid for something i hadn’t had. in the end, i figured, let them pay. i don’t care if they waste money.
We agree Judy! Many of the medical facilities decide to be overly cautious to avoid any possibility of a fine or legal ramification. While we understand their concern, we have seen many cases where our clients have been prevented from getting vital information due to the HIPAA restrictions. This is why we are so adamant about the need for HIPAA, Living Will and Power of Attorney documents. That was good of you to try and correct their payment, and too bad for them they didn’t listen appropriately.
We agree Judy Kosakoff Gafner – Many of the medical institutions become overly cautious because they fear being fined or sued if they misstep. It is unfortunate and often causes more problems than the HIPAA regulations solve. This is a major reason why we are very adamant that our clients have these documents in order. It was very kind of you to try as you did to help them fix their incorrect payment! Too bad they wouldn’t listen. Thank you for your comment!