No one wants to imagine that someday they may be incapacitated due to old age, illness, or an accident, but incapacity planning is an essential element to consider when you want to protect your legacy. One of the critical aspects of this process is HIPAA authorization. It allows a designated individual to access your medical information so that they can make healthcare decisions on your behalf if and when you are unable to do it on your own. 

HIPAA authorization is a key step in ensuring your healthcare matters are handled according to your wishes in the event of your incapacitation. At Garmo & Garmo, LLP, our team brings over 100 years of combined experience to the table. Our estate planning lawyers can help you address the complexities of HIPAA authorization and various other aspects of your incapacitation planning. 

Call us today at 619-441-2500 to schedule a free consultation with one of our experienced La Mesa, CA HIPAA authorization attorneys. 

What is HIPAA and Why Does it Matter? 

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that establishes national standards for protecting the privacy and security of patients’ medical records and other personal health information. The primary goal of HIPAA is to safeguard sensitive patient information from being disclosed to third parties without the patient’s consent or knowledge while allowing the flow of health information needed within the healthcare framework to provide high-quality healthcare. 

How HIPAA Can Make It Harder for Your Loved Ones to Access Your Medical Information in the Event of Your Incapacitation

Strict Privacy Rules

HIPAA’s privacy rules are designed to prevent your personal health information from being shared with anyone without your explicit authorization. In the event of incapacitation, healthcare providers are restricted from sharing medical information with anyone who does not have the proper authorization, even if they are close family members.

Need for Explicit Authorization

To access your medical information, your loved ones need to have HIPAA authorization explicitly granted by you. Without this authorization, healthcare providers might refuse to disclose any information about your health status, treatment, or medical history.

Legal Barriers

Even in emergency situations, HIPAA regulations can create legal barriers that prevent your immediate family members from obtaining the information they need to make informed decisions about your care. This can delay critical decision-making and potentially impact the quality and timeliness of the medical treatment you receive.

How Does HIPAA Authorization Work in California? 

A HIPAA authorization, also referred to as a HIPAA release, is a legal document that allows you to give explicit permission to healthcare providers, insurance companies, and other covered entities to disclose your protected health information (PHI) to a designated agent. This authorization is necessary for sharing information that cannot be otherwise shared without your consent under HIPAA’s privacy rule. 

The key elements of HIPAA authorization include: 

• Specific Information: The authorization must specify the exact information that can be disclosed.
• Purpose: The reason for the disclosure must be clearly stated.
• Recipients: The authorization must identify who is authorized to access the information.
• Expiration Date: The document should include an expiration date or event that indicates when the authorization will no longer be valid.
• Signature: The patient or their legal representative must sign the authorization.

How HIPAA Authorization Works in California

California has its own privacy laws like the California Confidentiality of Medical Information Act (CMIA), which is similar to HIPAA, but offers even greater protections against unauthorized data access or sharing. HIPAA authorizations in California must comply with federal requirements as well as state-specific requirements. 

Here’s how our California incapacitation planning lawyers can help you with the process of HIPAA authorization. 

• Drafting the Document: Our experienced attorneys can prepare the HIPAA authorization form and include all the necessary elements such as specific information to be disclosed, the purpose of disclosure, recipients, expiration date, and your signature.
• Review and Signing: We can assist you in reviewing the document and make sure it accurately reflects your wishes. 
• Distribution to Healthcare Providers: We can provide copies of the signed authorization to relevant healthcare providers, insurance companies, and other entities, ensuring they have the legal permission to share the specified information with your designated recipients. 
• Usage During Incapacitation: In the event of your incapacitation, the individuals named in the authorization can present the document to healthcare providers to gain access to your medical information, enabling them to make informed decisions about your care.

Does a HIPAA Agent in California Need to Have a Medical Background?

No. California law does not require HIPAA agents to have a medical background. The primary role of a HIPAA agent, also known as a healthcare proxy or healthcare agent, is to access your protected health information and make informed healthcare decisions on your behalf in case of your incapacitation. 

The important considerations for choosing a HIPAA agent include: 

• Trustworthiness: Your agent should be someone you trust implicitly to act in your best interests and follow your healthcare directives.
• Communication Skills: Your agent should be able to communicate effectively with healthcare providers and advocate on your behalf.
• Understanding of Your Wishes: Your agent should have a clear understanding of your healthcare preferences and values, as outlined in your advance healthcare directive or other relevant documents.
• Availability: Your agent should be readily available to step in and make decisions when needed, which may include being present during emergencies or critical medical situations.
• Ability to Handle Stress: Your agent should be capable of handling stressful and emotional situations, as making healthcare decisions can be challenging.

While a medical background can be beneficial in understanding complex healthcare information, it’s not a legal requirement for HIPAA authorization in California. Your HIPAA agent should be someone who can faithfully represent your wishes and make decisions that align with your healthcare preferences. 

Comprehensive Incapacitation Planning in California

Apart from HIPAA authorization, you should take several other critical steps to create a robust incapacity plan. These include: 

Durable Power of Attorney for Healthcare

A durable power of attorney for healthcare allows you to appoint a trusted individual to make medical decisions on your behalf if you become incapacitated. This document outlines your healthcare preferences and ensures that your chosen agent can make decisions aligned with your values and desires.

Durable Power of Attorney for Financial Matters

This document allows you to designate someone to manage your financial affairs if you are unable to do so. It grants your agent the authority to handle tasks such as paying bills, managing investments, and handling real estate transactions.

Advance Healthcare Directive

An advance healthcare directive, also known as a living will, allows you to express your preferences regarding end-of-life care, resuscitation, and other critical medical decisions. It ensures that your healthcare providers and loved ones understand your wishes.

Living Trust

A living trust allows you to transfer your assets into a trust managed by a trustee of your choosing. This arrangement ensures that your assets are managed according to your wishes if you become incapacitated and can help avoid probate upon your passing.

Legal Guardianship Designations

If you have minor children, it is crucial to designate legal guardians who will care for them in the event of your incapacitation or death. This ensures that your children are cared for by individuals you trust.

Plan for Peace of Mind with Garmo & Garmo LLP’s Comprehensive Incapacitation Planning Services

Incorporating HIPAA authorization into your incapacitation plan can give you peace of mind, as you know that in the event of your incapacitation, your medical information will be managed with the utmost care. At Garmo & Garmo, LLP, we provide comprehensive estate planning services, including HIPAA authorization and other incapacitation planning services. Our legal team has more than 100 years of collective experience and we have helped numerous individuals and families with their estate and incapacitation planning needs over the years. 

We will provide personalized attention to your case and give you direct access to our attorneys so that your concerns are addressed right from the outset. We can evaluate your unique needs and create an incapacity plan that aligns with your goals. Call us today at 619-441-2500 or contact us online to schedule a free consultation with one of our dedicated California incapacitation planning lawyers.