Perhaps there was a master plan that caused the traditional family gatherings of Thanksgiving, Hanukkah, Kwanzaa, and Christmas to fall so close together. If you are into conspiracy theories, you might even question the motive behind throwing family members into close contact for days on end.
The incidental benefit is that after all the forced family togetherness, you now have a good idea regarding who you want to name on your HIPAA release. What, you ask is a HIPAA release?
What is a HIPAA Release?
HIPAA stands for the Health Insurance Portability and Accountability Act. It is a federal law that protects your medical information from wrongful disclosure. Contrary to popular belief, it is just one type of privacy law; others include the Texas Medical Records Privacy Act and the Texas Identity Theft Enforcement and Protection Act.
The HIPAA laws impose truly awe-inspiring penalties on the person or company who commits a wrongful disclosure, which makes hospitals, doctors, and other healthcare providers extremely cautious–some would say paranoid–about disclosing your healthcare information to anyone other than you.
How HIPAA Works
The practical result? If you wind up in the emergency room after a car accident, the hospital may refuse to release any information about your condition to your parents, children, spouse, siblings, clergy members, and friends. That means the important people in your life will find it impossible to find the information they need to help you make decisions or act to protect you.
HIPPA Release in Action
If you do not want this result, then the easy answer is to sign a global HIPAA release as part of your estate planning. This document appoints one or more persons or entities as “authorized recipients” to receive your medical information. You can pick and choose what you want to disclose, such as:
- Medical history
- Condition
- Diagnosis
- Testing
- Prognosis
- Treatment
- Billing information
- Identity of healthcare providers
You can also choose to allow your authorized recipients to ask the healthcare provider questions and discuss the information.
Choosing an Authorized Recipient
So, who will you choose as your “authorized recipient?” A good place to start is the very people you holiday with, together with those folks you have named as an agent on your durable and medical powers of attorney.
Don’t have durable and medical powers of attorney? Well, there is another to-do item for you. Sooner rather than later, please. I guarantee you don’t want to hear my war stories about what happens to people who don’t have these basic planning documents in place.
But I digress.
Common HIPAA Release Questions
When Should a HIPPA Release be Effective?
You will want to make the HIPAA release effective now, and not just on your incapacity. The reason is that many doctors are reluctant to make a formal finding of incapacity, and if your HIPAA release is conditioned on your incapacity then your authorized recipient may be blocked from getting your information.
Who Needs a Copy of the HIPAA Release?
You should give a copy of the HIPAA release to each of your authorized recipients so they will have it handy when needed.
Where Do You Get the Form for a HIPAA Release?
Good question. Most documents you pull up on the web will be valid under either the Texas law, or the Federal law, but not both. You may need to go to a lawyer for a good document; a good estate planning lawyer will have drafted their own comprehensive form.
Hammerle Finley is Here to Help With Your HIPPA Release
Which brings us back to holiday gatherings. If you are still talking to a friend or relative after the festivities, then they are probably HIPAA-worthy. What better holiday gift is there?
If you or a loved one need assistance establishing a HIPPA release, the experts at Hammerle Finley Law Firm are here to help. Schedule a consultation today.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
