Patients have the right to visit their doctor and know that anything discussed about their medical condition or treatment will be kept confidential. The Health Insurance Portability and Accountability Act (HIPAA) is federal legislation that protects this right. A HIPAA document prohibits healthcare professionals from disclosing your medical information to anyone else unless you have given consent for them to do so.
Although the law is intended to protect your personal information, it can also present challenges for your loved ones in the event that you become incapacitated. At Beth Santilli Law, our HIPAA authorizations attorneys in Mt. Pleasant, SC can help you and your family members overcome these difficulties.
What is a HIPAA Release?
Many people are familiar with HIPAA releases, also called HIPAA authorizations, because they have to fill one out when they go to the doctor or dentist. A HIPAA authorization allows your doctor to talk about your healthcare condition and needs with anyone outlined on the form.
The HIPAA authorization is an essential part of your estate plan as well, as it can help you plan for incapacity. Even with a HIPAA authorization, however, it is also important to create a healthcare power of attorney and a healthcare directive.
HIPAA and Healthcare Power of Attorney
It is easy to assume that if you have a healthcare power of attorney, you do not need to fill out a HIPAA authorization. Like HIPAA releases, a healthcare power of attorney also gives another person the authority to discuss your healthcare issues with your doctor. However, both HIPAA releases and healthcare power of attorney have their limitations, so it is important to have both.
Doctors and other healthcare professionals are vigilant about complying with HIPAA requirements. If they violate the HIPAA law and share medical information with someone not listed within the document, they face high fines and a number of other penalties. When your doctor already has the HIPAA release, they can share information with the people named within it fairly easily.
Get Legal Help Today
If you need help creating a HIPAA authorization, a healthcare power of attorney, or any other part of your estate plan, contact our Mt. Pleasant HIPAA authorizations attorneys today. At Beth Santilli Law, LLC, our knowledgeable attorneys can help ensure you have all the documents that will protect you in the future and help your loved ones overcome certain challenges they may face. Contact us today to schedule a consultation and learn more about how we can help.