Mindful Estate Planning with HIPAA Authorization

Proper estate planning, including healthcare directives and HIPAA authorizations, allows families to make critical decisions based on the individual’s wishes.

Often, people avoid making plans for their estate and what could happen as they age because it can be unnerving.  They don’t want to talk about becoming severely ill or dying.  It is as if just speaking of it will cause it to come to pass that much more quickly.  However, by not planning and leaving an estate in disorder, the family of the ill or deceased is shouldered with addressing all of the financial issues without the necessary tools.

HIPAA Protections and Releases

The Health Insurance Portability and Accountability Act (HIPAA), established by federal law in 1996, protects patients’ privacy and prevents healthcare providers from disclosing sensitive health information without their permission. This includes medical, dental, and mental health care, among others (although mental health issues must be explicitly addressed).  Even close family members or spouses cannot access health information without the patient’s consent.

A HIPAA release form sets specific parameters of what can be shared, with whom, and under which circumstances.  It is vital to those who become incapacitated and require family or friends to take care of their medical issues.  Doctors and other healthcare providers are prohibited from sharing vital health information without a HIPAA release. They cannot give details about the patient’s health status, treatment, and other private health information. The access given by a HIPAA release is crucial, especially during emergencies.

Breaking Down the Essential Elements of a HIPAA Release

There are nine components to this document.

1. Identification of Releasor: The name of the person requesting the release of information.
2. Recipient(s): The request must specifically name the person or organization that is authorized to receive the information.
3. Detailed Information Description: A detailed description of the information that can be shared
4. Purpose of Disclosure: The purpose for which the disclosure is needed must be included in the release.
5. Expiration Date: It must have an expiration date
6. Plain Language: It should be written in a way that is clear and easy for everyone involved to comprehend.
7. Signatures: It must be signed by all the affected parties
8. Date of Signature: The date when the parties sign the document must be included.
9. Revocation Rights: The document must state that the person authorizing the release can revoke or cancel it at any time.

The Value of a HIPAA Release Form in Managing Affairs After Incapacity or Death

Suppose a party becomes incapacitated due to an accident or illness or has passed on. In that case, a HIPAA release can facilitate the decision-making process of those appointed to manage the estate’s legal processes, avoiding delays and complications. Because this release allows access to detailed health information, better choices about care and health-related expenses can be made on the party’s behalf.  A HIPAA release permits the executor of the estate or family members to handle insurance claims, medical bills, and other healthcare issues. Managing an estate can be a difficult and time-consuming process.  Legal challenges due to an inability to access pertinent medical information can hinder the administration of the estate.

Who Should Receive Copies of Your HIPAA Release Forms to Ensure Proper Access to Medical Information

It is crucial that the people who will be making the decisions about your care and your estate after you have passed have access to your HIPAA release.  Your healthcare providers, the representative(s) named on the form, and trusted family members should have a copy.  When establishing a healthcare proxy (healthcare power of attorney), they should be included on the form to ensure all necessary information can be accessed without delays. The trustee or executor of your estate should have a copy for their records.

Reminders for Periodic Reviews and Updates to Your HIPAA Decisions

Even if you have experience with a HIPAA form before, your terms will not be carried out if they are not followed properly and legally. An incomplete document could mean that your family cannot access vital medical information to protect you and your healthcare choices.  It is also necessary to revisit your HIPAA decisions periodically as your healthcare needs may change, and you may want to add or remove the individuals who will access your information.

Potential Complications of Not Including a HIPAA Release Form in Your Estate Plan in New Jersey

If you do not have a HIPAA release, caring for you if you are incapacitated could be much more difficult. Your family will not have access to your medical records and treatments. If you have chosen a representative to be in charge of your care, such as a healthcare proxy, without a HIPAA release, their hands are tied.  Should you require long-term care, the nursing home facility responsible for your care may not have access to prior health records, which could affect your treatment plan.  Additionally, suppose you are incapacitated and no one has access to your health information, such as your medical bills. In that case, they will continue to pile up, remaining unpaid until they are released through court proceedings.

Safeguard Your Healthcare Decisions and Simplify NJ Estate Management with HIPAA Release and Estate Planning Help from our Lawyers

No one likes to contemplate their passing or becoming so ill one cannot make their healthcare decisions, but they are a reality.  Not preparing for the inevitable will make it more difficult for our loved ones to care for us.  A HIPAA release provides a channel to access the information necessary to follow your wishes regarding your care, passing, and estate management. At Chamlin, Uliano& Walsh, we will listen to your concerns about a HIPAA release and discuss how to include it in your estate plan. Our estate planning attorneys proudly serve clients in Holmdel, Manasquan, Long Branch, Wall, Middletown, Belmar, Seaside Heights, Red Bank, and elsewhere throughout Monmouth County and Ocean County. We believe every case is unique and want you to feel satisfied with the plan we create and prepare for you.  Our years of experience and success make us the ideal firm to handle your estate issues, including HIPAA provisions and other critical documents that you may need to protect yourself and your loved ones long after you’re gone. Call our West Long Branch office today at 732-440-3950 to schedule a consultation, or complete our online form to get started.