HIPPA AUTHORIZATIONS

​What is a HIPAA Authorization and Why Do You Need One for Your Estate Planning Checklist?

When you think about estate planning, key documents like wills, trusts, and powers of attorney might come to mind. However, one important but often overlooked component is a HIPAA Authorization. This document plays a crucial role in ensuring that your medical information is accessible to those you trust, especially in times of emergency or when you become incapacitated.

In this blog post, we’ll explore what a HIPAA Authorization is, how it works, and why it’s essential for your estate planning checklist.

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What is HIPAA?

HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. It is a federal law that protects the privacy of your health information and ensures that sensitive medical data is not shared without your consent. Under HIPAA, healthcare providers and organizations are required to keep your medical records private and secure.

While this law protects your privacy, it can also create challenges in situations where trusted family members, loved ones, or designated agents need access to your medical information to make informed decisions on your behalf. Without your explicit permission, they may not be able to obtain necessary information from your healthcare providers.

What is a HIPAA Authorization?

A HIPAA Authorization is a legal document that allows you to designate specific individuals who are permitted to access your private health information (PHI) under HIPAA regulations. It gives doctors, hospitals, and other healthcare providers permission to share your medical records and details about your health condition with those you trust.

This document is particularly important in estate planning because it ensures that the people you've chosen to make healthcare decisions or manage your estate can access the medical information they need.

Why is a HIPAA Authorization Important for Estate Planning?

Including a HIPAA Authorization in your estate plan is essential for several reasons:

​1. Medical Decision-Making
If you become incapacitated due to an illness or injury, your healthcare agent (appointed through a healthcare power of attorney) will need access to your medical information to make informed decisions about your care. Without a HIPAA Authorization, healthcare providers may refuse to share your information with them, making it difficult to get proper care.

2. Avoiding Delays in Care
Without a HIPAA Authorization, your family or agents may face delays in getting critical information about your condition, treatment options, or medical history. In an emergency, time is often of the essence. Granting access through a HIPAA Authorization can help avoid unnecessary delays and ensure your medical team can communicate openly with those responsible for your care.

3. Managing Your Estate
If you have appointed someone to act as your financial power of attorney or trustee, they may need access to your medical records to determine whether you are incapacitated or unable to make decisions on your own. This information can trigger the transfer of authority to manage your financial affairs or trust assets, and a HIPAA Authorization ensures they can get the documentation needed to do so.

4. Honoring Your Wishes
In some cases, your estate plan may include specific instructions for end-of-life care or medical treatments you wish to avoid. Your healthcare agent needs access to your medical information to ensure these wishes are followed. A HIPAA Authorization makes it easier for them to advocate for your healthcare preferences.

5. Coordination Among Family Members
If multiple family members or loved ones are involved in your healthcare decisions, a HIPAA Authorization allows them to access consistent information and stay informed about your condition. This can help prevent misunderstandings or disputes among family members about the status of your health and treatment.

Who Should You Name in a HIPAA Authorization?

When creating a HIPAA Authorization, you can name anyone you trust to access your medical information. Typically, the individuals you name include:

• Healthcare Agent: The person you’ve chosen to make healthcare decisions for you if you’re unable to do so yourself.
• Financial Power of Attorney: The individual responsible for managing your financial affairs may need access to your medical records to determine whether you’re incapacitated.
• Family Members or Close Friends: You can name loved ones who you want to stay informed about your medical condition or who you believe should be involved in your care.

You have the flexibility to grant different levels of access to different people and can specify whether they have access to your entire medical record or only specific information.

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How Does a HIPAA Authorization Work?

A HIPAA Authorization is typically a straightforward document, but it must meet certain legal requirements to be valid. It should include the following:

• Names of Authorized Individuals: A list of the people you are giving permission to access your health information.
• Scope of Access: Specify whether you are granting full access to your medical records or limiting access to certain types of information (e.g., records related to a specific condition or treatment).
• Expiration Date: You can set an expiration date for the authorization or specify that it remains in effect until you revoke it.
• Your Signature: The document must be signed by you to be legally valid.

​Once completed, this document should be kept with your other estate planning documents and shared with your healthcare providers so they are aware of who can access your information.

Do You Need a HIPAA Authorization?

A HIPAA Authorization is a critical part of any comprehensive estate plan. Without it, even your closest family members or agents may face barriers to obtaining the information they need to make decisions about your care and manage your affairs. Here’s when you definitely need one:

• You’ve Appointed a Healthcare or Financial Agent: If you have a healthcare power of attorney or financial power of attorney, they need access to your medical records to fulfill their duties.
• You Want Your Family Informed: If you want certain family members or close friends to be able to communicate with your doctors about your condition, a HIPAA Authorization ensures they have the legal right to do so.
• You’re Planning for Incapacity: In the event of illness or injury, having this document in place will prevent delays or confusion about who can access your medical information.

Final Thoughts

While a HIPAA Authorization may seem like a small detail in your estate plan, it’s one that can have a significant impact. By including this document in your estate planning checklist, you ensure that your trusted agents and loved ones can access the medical information they need to make informed decisions on your behalf.

Don’t leave your loved ones in the dark when it comes to your health. Talk to an estate planning attorney to draft a HIPAA Authorization that fits your specific needs and provides peace of mind for you and your family.