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Home » Medicaid Eligibility » What Is a HIPAA Release?

What Is a HIPAA Release?

October 6, 2020 by John Potter

HIPAA releaseThe acronym HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. In this post, we will explain why this piece of legislation is something to take into consideration when you are planning your estate.

Advance Directives for Health Care

Most people are aware that you arrange for post-death asset transfers when you put your estate plan in place. A lot of people think this is the long and short of it, but a proper estate plan will also address other issues you may face toward the end of your life.

Nobody wants to think about this type of thing, but people usually do not pass away without experiencing a period of incapacity in one form or another. It can be cognitive or physical, and people who are on strong medication can become unable to communicate sound decisions.

To account for these possibilities, your estate plan should include documents called advanced directives for health care. One of them is a living will.

With this type of will, you state your wishes with regard to the use of feeding tubes, artificial hydration, resuscitation, and mechanical ventilation. You can address each of these different forms of life support individually, and you can add comfort care medication and organ and tissue donation choices.

The other necessary advance directive is a durable power of attorney for health care. This document is used to name someone to act on your behalf if you become unable to communicate your own decisions. These would be matters that are not covered in the living will.

HIPAA Release

Now that you understand the incapacity planning component, we can look at the Health Insurance Portability and Accountability Act. This measure generally prohibits medical professionals from sharing information with anyone other than the patient.

Obviously, your health care agent would not be able to do the job without access to this crucial information. Your incapacity plan should include a HIPAA release to give the doctors the ability to communicate freely with your agent and anyone else that you choose to add.

These HIPAA protections extend to all adults, even people who have just turned 18. As a result, if you have an 18-year-old child, doctors would not be able to discuss the child’s medical condition with you.

For this reason, if you are a parent, you should explain the situation to your young adult children so they can sign one of these forms. They can also make you the agent under a durable power of attorney for health care.

Financial Decision Making

Your incapacity plan should also address the financial part of the equation. If you have a living trust, you would act as the trustee while you are alive and well. To account for possible incapacity, you can name a disability trustee when you establish the trust.

For property that is not held in the trust, you should execute a durable power of attorney for property. You can use the same person to act as the agent for both powers of attorney, but this is not a requirement.

Attend a Free Workshop

We are conducting a number of workshops over the coming weeks, and we will break down the process into simple, easily understandable terms. There is no charge to attend these sessions, but we ask that register in advance so we can reserve your seat.

To see the schedule and obtain registration information, head over to our workshop page. When you identify the session that you would like to attend, follow the simple instructions to register.

Need Help Now?

If you have learned enough to know that it is time for you to put an estate plan in place, our doors are open. You can send us a message to request a consultation appointment, and we can be reached by phone at 704-944-3245 in Charlotte, North Carolina or Huntersville, North Carolina; at (606) 324-5516 in Ashland, Kentucky; or at (859) 372-6655 in Florence, Kentucky.

 

 

  • Author
  • Recent Posts
John Potter
Latest posts by John Potter (see all)
  • What You Need to Know about the Medicaid Look-Back Rule - January 3, 2023
  • How to Pass Down Your Legacy in Your Estate Plan - October 3, 2022
  • Practical Steps to Take after Receiving a Terminal Diagnosis - September 30, 2022

Filed Under: Estate Planning Tagged With: HIPAA release, Incapacity Planning

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Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.

DKS & KMS Client Review August 28, 2020

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John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.

David J. Client Review August 28, 2020

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My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.

Jillian Client Review August 28, 2020

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