Living Wills and HIPAA Medical Privacy
From 1996 to 2003 Congress was changing the rules on medical privacy. The Health Insurance Portability and Accountability Act (HIPAA) requires that hospitals and medical care providers not discuss a patient with anyone other than their spouse. If your living will has a medical agent or health care power of attorney other than your spouse, you need to add a HIPAA release to the document.
Imagine if you are injured and unable to make decisions for yourself, but the medical information necessary for informed decisions cannot be provided to your proxy. Your wishes for how your medical care should proceed will be ignored. Get a HIPAA release in your documentation so that your agent has the information he or she needs to communicate with your care providers.
All Living Wills crafted before 1996 need to be updated. If your will was created between 1996 and 2003 check and make sure there is a notarized HIPAA release as part of the documentation.
2 Responses to “Living Wills and HIPAA Medical Privacy”
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