The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law designed to protect the privacy and security of certain “protected” health information. In sum, HIPAA prevents healthcare providers such as hospitals, physicians, pharmacies, and other healthcare workers from disclosing your medical records and other protected health information, or “PHI”, to third parties without your written consent. There are a few exceptions to this law, but generally-speaking this is the rule.
Although you may appoint an agent under a medical power of attorney to make medical decisions on your behalf in the event of your incapacity, a medical power of attorney does not give your agent the authority to obtain your medical records and other protected health information. An agent acting under a medical power of attorney may need to obtain medical records for the purpose of making healthcare decisions, or to obtain a second opinion about a proposed course of treatment. Therefore, estate plans often includes a HIPAA Authorization that gives your agent, under a medical power of attorney, the authority to also obtain your medical records or other protected health information under the HIPAA rules.
However, medical records and other protected health information may contain highly sensitive and confidential information. This can include personal information about yourself that you tell your doctor in the course of seeking medical treatment. An estate planning attorney with Law Office of Adriane S. Grace, PLLC can therefore advise and assist with deciding whether to include a HIPAA Authorization as part of your estate plan and who, if anyone, should have the authority to obtain your medical records and other protected health information under the HIPAA rules.
