Tuesday, September 01, 2009

Estate Planning Tip of the Week

What is HIPAA and Why Should I have a HIPAA Release?

The Health Insurance Portability and Accountability Act (HIPAA) restricts release of your medical information to protect your privacy.  Although well intentioned, the law sometimes prevents family members and others from being able to access your medical information.  If you are unconscious and unable to express your desires on who should have access to your medical information, many hospitals and other institutions will err on the side of caution and not release your medical information, such as your medical condition, prognosis, even which hospital you are in, unless the person requesting the information is your spouse.  There are also exceptions for parents and guardians to receive information related to minor children they are responsble for. 

If you want certain people to have access to your medical information, such as family members or friends, you can complete a HIPAA Release, whereby you authorize medical institutions to release information to the people you have listed in the HIPAA Release.  

HIPAA releases are particularly important for college aged children, because when a child turns 18, in most cases a parent no longer has a right to the child's medical information.  Yet, both the child and the parent would want to parent to know what's going on if the child has been injured or become ill while away at school.  Similarly, elderly parents may wish to list their children on a HIPAA Release so that their children can be aware of their condition if they are admitted to a hospital.

For more information on HIPAA Releases, see Back to School with a HIPAA Release on the Articles Page.