In 2003, the United States Department of Health and Human Services enacted regulations under the Health Insurance Portability and Accountability Act of 1996, or as it is more commonly known, “HIPAA”. Under this new law, medical providers can face serious sanctions and monetary fines for releasing unauthorized “Protected Health Information,” usually meaning medical records. As a result, medical providers are very reluctant to release records to anyone other than the patient.
What does HIPAA protect?
Under HIPAA, protected health information includes everything and anything created or received by a “covered entity” relating to an individual’s mental or physical health condition, and that could be used to identify the individual. Health care providers, pharmacies, nursing homes, and insurance companies are all included in the definition of “covered entities.”
However, since the definitions under HIPAA are so broad, medical providers will not release information to anyone other than a patient without a HIPAA release form, a complete estate plan should always include a HIPAA authorization.
How to Authorize Release of Protected Information
A a stand-alone HIPAA authorization is now viewed as the preferred methods to use, and the attorney at the Skillern Law Firm prefers this document in estate plans.Without a signed HIPPA authorization, even a spouse or adult child of an incapacitated patient will not be able to receive information on the patient’s condition, since the HIPAA law is so strict and the sanctions are severe.
HIPAA authorizations allow individuals to name specific people to whom medical providers may release records. An authorization should allow medical providers to release records to an individual’s agent under a Health Care Power of Attorney. An authorization may also include an agent under a Durable Power of Attorney, a trustee of a trust or an individual’s attorney for the purpose of determining incapacity. The HIPAA authorization should be a document that is always included in your estate plan, because the people that you have nominated in many of your estate documents may need to get a hold of medical records to satisfy their fiduciary duties under the other documents.
Conclusion
If you would like to make sure that your family members or appointed trustee, power of attorney or guardian will be able to access your medical records so that they make informed decisions on your behalf in the event of your incapacity, it is imperative to have both a valid Health Care Power of Attorney and HIPAA authorization. Have an estate planning attorney prepare the documents for you ensure that they are properly drafted and signed. The Skillern Law Firm specializes in estate planning documents and would love to help you organize and create a well-drafted and complete estate plan.
