Medical privacy laws are in place to ensure an individual’s ability to have sole access to his or her private medical records, which is an important legal right. In an emergency—or at the end of life—however, these laws can become a challenging issue. If you need someone to make a medical decision on your behalf, for example, that person will need the proper authorization to do so, and this must be addressed prior to the development of the need. In addition, outlining your wishes in a trust can be an important component of an estate plan, which brings up the matter of HIPAA authorization for trusts. If you are ready to set up proper authorization for your loved ones or simply want to explore your estate planning options, consider contacting an experienced Arizona estate planning attorney at Harrison Law, PLLC by calling (480) 320-2310 to schedule a consultation.
What Authorization Is Required for HIPAA?
According to the United States Department of Health & Human Services, the primary requirements for a valid Health Insurance Portability and Accountability Act (HIPAA) authorization include all of the following:
- The full name of the intended recipient of the person’s medical information
- The name of the person or entity who is authorized to disclose the intended medical information, which can extend to all medical providers
- A meaningful outline of the health information that is intended to be disclosed, which can include all protected health information or can incorporate exceptions for those records related to mental health, sexually transmitted diseases, or addiction
- A pre-identified expiration date or expiration event, which can extend to all past, present, and future dates
- Signature of the person or signature of his or her personal representative who was identified and appointed to make healthcare decisions on the person’s behalf
Many people ask when a valid authorization is required for HIPAA, and the answer is fairly straightforward. The best way to ensure that the person or people you entrust will make the important healthcare decisions on your behalf—in accordance with your wishes—is by identifying them via HIPAA authorization. In other words, valid HIPAA authorization is required if you want the peace of mind that comes from knowing you have taken all the necessary steps to provide those you authorize with the information they need to make critical healthcare decisions on your behalf if and when the need arises.
Why Is a HIPAA Release Needed in Estate Planning?
Without a HIPAA release, a person’s wishes as they relate to his or her emerging healthcare needs can be thwarted. By including a HIPAA authorization in an estate plan, a person can clearly voice his or her wishes in relation to who can gain access to personal medical records and who can communicate with medical providers without constraint. HIPAA authorization pairs with the primary elements of a person’s estate plan, which include:
- A Last Will and Testament (will) in accordance with the revised statutes of the Arizona State Legislature
- A power of attorney
- A healthcare directive
While HIPAA authorization is critical, there are no standardized HIPAA authorization forms, such as a HIPAA authorization form for family members or a HIPAA authorization form for parents. For this reason, many people choose to work with a skilled Arizona estate planning attorney at Harrison Law, PLLC, who has extensive experience helping clients successfully address their unique HIPAA authorization needs.
HIPAA Authorization for Trusts To Address Concerns
A person’s trust will include his or her healthcare directive, which is a guide for that person’s medical care in the event of incapacitation and grants attendant healthcare power of attorney. Without HIPAA authorization, however, the person or people who were named to make primary healthcare decisions on the patient’s behalf are unlikely to gain complete access to his or her comprehensive medical records. Without that access, it can be far more difficult to make well-informed, critical decisions that correspond with the person’s wishes.
What Is the Difference Between Consent and Authorization for HIPAA?
The distinction between consent and authorization under HIPAA is important. While HIPAA allows medical providers—called the covered entities (CEs)—to obtain patient consent in relation to the use and disclosure of private health information related to treatment, healthcare operations (administrative details), and payment, no specific requirements apply. As a result, most CEs do not require consent for these disclosures.
HIPAA authorization, on the other hand, is far more specific and applies to those protected health information (PHI) disclosures that typically are not covered by consent, including relevant healthcare records that can help guide informed decision-making. In order for a person to effectively and efficiently address the transfer of decision-making power to someone he or she trusts in case the need arises, that person will need to have HIPAA authorization in place.
Why Is HIPAA Authorization Important?
Having a carefully considered, concise HIPAA authorization included in a trust is important for all the following reasons:
- A HIPAA authorization affords the identified representative the unfettered access to medical records that may be necessary to make critical decisions that align with the person’s wishes and that are right for him or her in the unique situation
- A HIPAA authorization assures that the healthcare facility has the right to provide the representative with access to the person’s otherwise confidential medical records without fear of legal reprisal
- A HIPAA authorization gives the representative ease of access in relation to the person’s evolving medical condition and his or her medical bills
Contact an Experienced Arizona Estate Planning Attorney Today
An important component of an estate plan can be a trust, which addresses matters that are not included in the person’s will and which is a guide to the person’s wishes as they relate to healthcare in the event that he or she becomes incapacitated. If you are looking for help establishing your estate plan and setting up HIPAA authorization for trusts, consider contacting a knowledgeable Arizona estate planning attorney at Harrison Law, PLLC by calling (480) 320-2310 today for more information.
© 2022 Matthew W. Harrison and Harrison Law, PLLC All Rights Reserved
This website and article have been prepared by Harrison Law, PLLC for informational purposes only and does not, and is not intended to, constitute legal or financial advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
