Estate Planning

To HIPAA or Not?

By Jennifer Sawday

One of the more important components of a valid and up-to-date Advance Health Care Directive is ensuring that it has provisions allowing your agent to have unfettered access your medical information.

Under HIPAA and CMIA (Federal and California laws) medical information is now considered private and a release must be signed by you to allow your agent access. Having this release as part of your Advance Health Care Directive is a smart move.

An Advance Health Care Directive done as little as a few years ago may not contain a provision for a HIPAA and CMIA release. So check yours and get it updated. The provision should look similar to this:

HIPAA AND CMIA HEALTH INFORMATION RELEASE.  I intend my agent, as my "personal representative" as that term is used in the Health Insurance Portability and Accountability Act, 42 U.S.C. Section 1320d, 45 C.F.R. Parts 160 and 164, and as my "patient's representative" as that term is used in the California Civil Code Section 56.10, to be treated as I would be with respect to my rights regarding the use and disclosure of my individually identifiable health information and other medical records.  The authority of my agent with respect to the use and disclosure of such information and records shall control my agent's dealings with any physician or other health care provider who is providing health care services to me at any time when my agent shall seek access to such information and/or records.  Subject to any limitations in this document, my agent has the power and authority to do all of the following ... and so on it goes.

Full post as published by Estate Planning Practice Blog on February 29, 2008 (boomark / email).