HIPPA RELEASE AND AUTHORIZATION

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA). Access to our health records is now regulated through this piece of federal legislation.

If you would like some person other than yourself to have access to your medical records and information, and you would like health care providers to release your medical information to that person, you must authorize the release of the information in writing.

Q: Is it a good idea to include a specific “HIPAA release” in the health care proxy/ power of attorney or to have a stand-alone HIPAA release version?

A: Either will work. In fact, it’s not legally required to have specific language related to HIPAA. Practically speaking, it is a good idea to either have a stand-alone HIPAA release or HIPAA specific language in your health care proxy.

THE HEALTH CARE PROXY ROUTE:

The federal law does not require a separate HIPAA release document; however, the health care providers and those whose job it is to release or not to release information are more comfortable when they have a HIPAA release in hand. In addition, a power of attorney for health care becomes effective after you lose your capacity to make or communicate decisions. That means that, unless the draftsperson clarifies otherwise, the power of attorney does not authorize release of medical information to the person named while you remain competent. To clarify, a good, well-written health care proxy or power of attorney authorizes the agent or attorney-in-fact to have access to medical records and personnel of the principal.

THE STAND ALONE HIPAA RELEASE ROUTE:

The primary reason to have a stand-alone HIPAA release is simplicity.

In our experience, a stand-alone HIPAA release document that accompanies the health care proxy is the simplest means of gaining access. It’s a page or two and it’s drafted for lay people to read; in other words, it’s simple and intelligible and gets the job done.
-----------------
If you want some person other than yourself to have access to your medical information and records while you remain competent, you need to complete and sign a HIPAA release or ensure that your attorney has drafted your Health Care Proxy with the correct legal language enabling immediate access.