You’ve likely heard of HIPAA if you’ve been to the doctor’s office but you may not know how important it is to your California estate plan. This helps determine who can access you medical information in moments where you need it the most. Without the HIPAA release, people that need access to your medical information may be left in the dark.
At Filippi Law Firm, P.C., our California estate planning attorneys are ready to help. We create comprehensive estate plans that cover everything you need, including HIPAA authorization.
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What a HIPAA Authorization Does
A HIPAA authorization allows access to specific individuals to your protected health information. Under HIPAA, medical staff and companies are not allowed to share your medical information with anyone else, even family, unless you have given them specific permission.
A HIPAA authorization allows your named agents to:
- Speak with your doctors and care team
- Receive updates about your condition
- Review medical records needed to make informed decisions
- Coordinate care and treatment
- Deal with insurance matters
- Advocate for you if you cannot speak for yourself
This document does not give anyone the power to make medical decisions. That authority belongs to your Advance Health Care Directive.
Why California Residents Need a HIPAA Authorization in Their Estate Plan
California takes privacy concerns very seriously. Medical providers in the state take HIPAA compliance very seriously. This means that, without an authorization in place, the people you need to access your medical information may not be able to access it. This can create unnecessary roadblocks at an already stressful time.
Here’s why including one in your estate plan is essential:
1. It Prevents Medical Providers From Withholding Information
Even if your spouse, adult child, or partner is clearly the person you want involved, medical staff cannot legally share information without written permission. A HIPAA authorization takes care of this and provides your loved ones access to information.
2. It Supports Your Advance Health Care Directive
An advance health care directive is another important part of your estate plan. It lays out your wishes about health care, and end-of-life care. A HIPAA authorization gives your loved one access to the information they need to make decisions that you would want.
3. It Helps Avoid Delays in Emergencies
Every second counts in an emergency. A HIPAA authorization avoids the need to wait for a court order or administrative approval. Immediate access can even help save a life.
4. It Protects Unmarried Partners and Blended Families
Unmarried partners or other important people may not have legal access to your medical records if they are not part of a “traditional” family structure. The HIPAA release can help fix this common problem.
Who You Should Name in Your HIPAA Authorization
Most Californians choose to authorize:
- Their health care agent
- Their financial power of attorney
- Their successor trustee
- Their spouse or partner
- Adult children or other trusted relatives
- Close friends who help manage care
How a HIPAA Authorization Fits Into a Complete California Estate Plan
A comprehensive estate plan typically includes:
- A revocable living trust
- A pour-over will
- An Advance Health Care Directive
- A durable power of attorney
- A HIPAA authorization
- Beneficiary designations
- Guardianship nominations (if applicable)
Keeping Your HIPAA Authorization Up to Date
Your authorization should be reviewed whenever you update your estate plan or experience a major life change, such as:
- Marriage or divorce
- A new relationship
- Estrangement from a previously named person
- A change in your health care agent
- The death or incapacity of someone named in the document
Create a Comprehensive Estate Plan with a California Attorney
A HIPAA authorization is a critical part of an estate plan. Hire the right lawyer who can ensure your plan is comprehensive and protects you every step of the way.
Let the dedicated estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
