HIPAA Release Drafting in Katy, TX

OUR LAWYERS ESTABLISH EFFECTIVE ESTATE PLANS THAT RESPECT YOUR WISHES

An effective estate plan should also include documents to protect future medical care in the event you become incapacitated and can no longer make your own healthcare decisions.

Although your estate plan may also include a Medical Power of Attorney and Living Will or Directive to Physician, effective medical directives often require further information that cannot be disclosed unless you sign a HIPAA release. 

WHAT IS HIPAA?

“HIPAA” stands for “Health Insurance Portability and Accountability Act of 1996.” The purpose of HIPAA is to protect patients’ private medical information. Before any of your protected health information can be disclosed, you must first have a valid HIPAA release indicating the person(s) you wish to have these records.

HIPAA was designed to:

• Protect sensitive patient health information from disclosure without consent;
• Ensure health insurance portability; and
• Improve healthcare industry efficiency. 

HIPAA sets national standards for the security, privacy, and electronic transmission of health records. Ultimately, HIPAA was enacted to create a more efficient, secure, and fair healthcare system for employees and patients. 

Contact us at Hunt Law Firm today by calling (832) 781-0320 to set up a consultation with one of our attorneys to discuss estate planning. 

WHAT INFORMATION AND DOCUMENTATION IS COVERED? 

A HIPAA release authorizes an agent to access your individually identifiable health information and medical records regarding any past, present or future medical or mental health condition. This also includes all information related to the diagnosis and treatment of HIV/AIDS, sexually transmitted diseases, mental illness, and drug or alcohol abuse. 

Beyond medical records, a HIPAA release also covers documentation of your bills and health insurance claim documents. This allows your agent to assist with billing and claims if they’re authorized to do so. 

If you want to ensure your future medical care is left in trusted hands, it’s important to seek the legal advice of a qualified attorney. Only a valid HIPAA release will allow your medical information to be passed to whomever you would like to oversee your medical care.

WHO IS AUTHORIZED TO RELEASE MY INFORMATION TO MY AGENT? 

A HIPAA release extends to any doctor, physician, medical specialist, psychiatrist, chiropractor, health-care professional, dentist, optometrist, health plan, hospital, hospice, clinic, laboratory, pharmacy or pharmacy benefit manager, medical facility, pathologist, or other provider of medical or mental health care. It also includes any insurance company and the Medical Information Bureau Inc. or other health-care clearinghouse that has paid for or is seeking payment for medical services. 

While the list may seem expansive, it doesn’t just allow your agent to receive records. It also allows your agent to:  

• Speak with your providers 
• Ask questions about your care 
• Assist with billing and claims, if they’re authorized to do so  

This helps avoid delays and roadblocks in situations where timing is critical, such as a medical emergency or rapid decline in health. 

WHEN DOES THE HIPAA RELEASE TAKE EFFECT AND TERMINATE? 

The HIPAA release takes effect the moment it is signed and is not affected by subsequent disability or incapacitation. 

You may also sign a limited HIPAA release that has an expiration date, as well as other conditions and stipulations, so your information is still protected. In this instance, it’s very useful to have a skilled estate planning attorney to advise you on how to proceed.

Your agent can step in to coordinate your care, ask questions, or gather information without waiting for a formal determination of incapacity. 

Unless it’s limited, a typical HIPAA release terminates:

1. Two years following death - While a HIPAA release is primarily used in life, it could be needed after death. It may be needed in a wrongful death case or even insurance disputes after death. 
2. Upon written revocation – At any point in time, you can terminate your HIPAA release by sending a notice of revocation to an entity or health-care provider.

In real life, a medical emergency can occur at any time – expected or unexpected. A HIPAA release is a practical tool to ensure your agent has the right information at the right time. The attorneys at Hunt Law Firm, PLLC can ensure you have a properly drafted HIPAA release for your agents if the time comes to use it. 

Don't wait to contact our firm to speak to an experienced attorney today. Call our firm at (832) 781-0320 to get started today.