Lawyers for HIPAA Authorizations in Beaufort, SC

The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) sets forth national standards for the protection of certain health information and implements the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). 

HIPAA authorizations are necessary legal documents that allow you to control the release of your personal health information. Whether for estate planning or other legal purposes, a HIPAA authorization form gives healthcare providers and insurance companies permission to share medical details with designated individuals. Without this form, your loved ones may struggle to access vital information in times of need, making it crucial to include HIPAA authorizations as part of any comprehensive estate plan.

WHAT IS A HIPAA AUTHORIZATION FORM, AND WHY IS IT NEEDED? 

A HIPAA authorization, also commonly referred to as a HIPAA release form, allows your healthcare physicians (or other covered entity) to disclose your personal health information to a designated person or entity. Without a proper HIPAA authorization on file, disclosure of your personal health information (that does not fall under information permitted to be disclosed by the HIPAA Privacy Rule) violates HIPAA and you could make a case for financial penalty or a criminal case.

HIPAA authorization forms are an important part of estate planning, as it allows a designated person to know about your healthcare and prognosis in case you become incapacitated. Without a HIPAA release form, your healthcare provider may not give your loved ones updates on your health.

HIPAA authorization forms are not only used in estate planning. The HIPAA Authorization Law also requires a HIPAA release form when personal health information is released for marketing or research purposes, to disclose psychotherapy notes, to disclose substance use or treatment records, and more.

WHAT DOES A HIPAA RELEASE FORM AUTHORIZE? 

A HIPAA release form can authorize your healthcare facility to disclose as little or as much information as you’d like. The HIPAA release form must include a description of the specific information you would like disclosed, the purpose for the disclosure, and a specific time frame. This means that you can choose to have your information disclosed for a short period of time or only in specific circumstances.

HIPAA AUTHORIZATION VS POWER OF ATTORNEY 

A HIPAA authorization does not allow someone to make decisions regarding your health care. Only the person named as your Health Care Power of Attorney can manage health care necessities for you if you become incapacitated. While someone you have completed a HIPAA release form for can be informed about your healthcare, a Health Care Power of Attorney can decide the type of medical care you receive, where you receive your medical care, end-of-life decisions, and more. 

HIPAA AUTHORIZATION VS LIVING WILLS 

If you want to communicate your wishes regarding what medical treatment you would like to receive if you become seriously ill or cannot communicate, you would need to have a living will. This is not covered by a HIPAA release form. A living will allows you to maintain independence when it comes to your medical treatment while also preventing confusion among loved ones responsible for your care.

A HIPAA release form plays a vital role in sharing your healthcare information, but it’s just one piece of the puzzle. For comprehensive healthcare planning, you’ll also want to choose a Health Care Power of Attorney and complete a living will. Each document serves a unique purpose, and together they provide complete coverage for your medical and legal needs.

OUR ESTATE PLANNING AND PROBATE SERVICES TEAM

Our estate planning and probate team here at Harvey & Battery has a wealth of knowledge and experience assisting clients in understanding their rights to medical confidentiality under the HIPAA Privacy Law, as well as creating HIPAA authorizations in South Carolina. Attorney Eugene Parrs has more than 50 years of experience working with clients to create estate plans and understanding how medical confidentiality can impact their wishes if HIPAA release forms are not completed, and Attorney Ashley Amundson has years of experience in not only creating estate plans, but also ensuring they are upheld through her experience as a probate judge. Schedule a consultation with either of our estate planning and probate attorneys to learn more about your rights to medical confidentiality and guidance creating HIPAA authorizations.

COMMON QUESTIONS RELATED TO HIPAA AUTHORIZATION FORMS IN SC