While some estate planning documents dictate who gets what when we die – others like the HIPAA authorization assist in the protection and care of our health should we become incapacitated.
Or to put it another way, the HIPAA authorization is designed to protect our quality of life.
Here is how it works.
In 1996 the United States Congress passed into law the Health Portability and Accountability Act (HIPAA for short).
The purpose of HIPAA was and is to protect our medical privacy.
With the passage of HIPAA, it became necessary for medical providers to obtain written authorization before releasing a patient’s medical records to anyone, including family. And thus, the HIPAA authorization was introduced.
Why would you ever want your records released?
Well, let’s say for example you have an estate plan. You even have a healthcare power of attorney (the document which usually compliments the HIPAA authorization), and you become mentally incapacitated.
Since you have a healthcare power of attorney in this scenario, you have what is known as an “agent in fact” (someone appointed by you to make decisions for you should you become incapacitated).
If, for whatever reason you do not have a HIPAA authorization, your medical provider is legally unable to grant your “agent in fact” access to your medical records.
In which case, your “agent in fact” will have a difficult time making decisions on your behalf. And depending on what ails you (remember – you are incapacitated), she or he might have to seek the help of an attorney to obtain a conservatorship, even though you have an estate plan.
But rest easy. This is just a scary scenario designed to explain the document’s use.
Providing you have a good estate planning attorney, that attorney will make certain you have an understanding of all necessary documents fitting your particular wants, needs and protection.
If interested in the HIPAA authorization or any estate planning document, please schedule an appointment with a qualified estate planning attorney.
Feb 27
