The Importance of Planning Your Estate by Incorporating HIPAA Authorization in NJ

Effectively planning for the future involves more than dreaming and goal setting. It often requires us to address some of life’s most challenging moments like death or incapacitation. Incapacitation, a state in which you are medically or mentally unable to make decisions for yourself, is not something many of us expect to go through in our lives, but making a plan for how you will handle the unexpected will set you up for success if the situation ever arises. Ensuring that your loved ones have access to your medical records and necessary information in the event that they need to make medical decisions on your behalf is critical.

HIPAA Safeguarding Your Personal Health Information

In the United States, a very broad and comprehensive medical privacy law called the Health Insurance Portability and Accountability Act (HIPAA), applies to the personal health information of every individual. It serves to prevent any unauthorized access to these records to safeguard your privacy. Specifically, it covers protected health information (PHI) like your medical conditions, notes from doctors visits, test results, diagnosis, billing information and nearly any other information contained within your medical records.

Planning Ahead With A HIPAA Release To Protect Your Medical Privacy and Healthcare Wishes in NJ

Generally speaking, no one can access this information without your permission, which you can give through a HIPAA release. Exceptions to this are individuals who are minors. Parents or legal guardians of a minor can access their child’s medical records without a HIPAA release, but the guardian must execute a HIPAA release on behalf of the child in order to authorize the release of information to anyone else.

Another exception is in the case of a personal injury lawsuit or another court proceedings in which the plaintiff is the patient who has put their own medical history at issue. In this case, medical records can be released pursuant to a valid subpoena without the need for a HIPAA release. However, in all other cases, if you wish to give another person – even your spouse or child – permission to access your medical records, you will need to sign a HIPAA release to that person.

Oftentimes, you may want them to be able to access that important information when you have lost capacity for some reason. If you have already lost capacity to make legal and medical decisions for yourself, then you cannot sign a HIPAA release at that time. Therefore, considering a HIPAA release to your close loved ones or the individual whom you would like to make medical decisions on your behalf, if needed, must be done before you lose capacity.

The Importance of a Clear and Precise HIPAA Release for Medical Information Access

Your HIPAA release must clearly identify you as an individual, as well as the individual whom you wish to authorize medical professionals and facilities to release your medical records. It could be a general release of all of your medical records or a release that relates to one specific condition. The release should also include the reason for the disclosure, whether that is to make medical decisions on your behalf or handle medical billing or insurance claims. Finally, your HIPAA release should include how long the authorization will be in effect or when it is expired.

Why You Should Prioritize a HIPAA Release in Your Estate Plan

A HIPAA release is an important document in your estate plan if you wish to empower your loved ones with access to your health information when they need to make important decisions about your medical care. This is particularly relevant in the event of incapacitation, when you lose your ability to make medical decisions for yourself.

A HIPAA release can also be very valuable to your loved ones that are handling your medical bills while you are incapacitated or the executor of your estate if you pass, particularly if there is a dispute about a medical bill.

One of the individuals who you might consider giving a HIPAA release to is your healthcare proxy or the person who will be in charge of making medical decisions for you if you become incapacitated.Your power of attorney, the person who is responsible for managing your healthcare and financial matters, would also be aided in their duties to act in your best interests by having a HIPAA release.

If your loved ones do not have access to your medical records because you have not executed a HIPAA release, it can be very difficult for them to make informed decisions about your medical care. It could also result in delays in medical decisions or issues with your medical bills, including delays in paying or handling a billing dispute.

Empower Your Loved Ones and Trust our Attorneys to Guide You Through HIPAA Authorization and Estate Planning in New Jersey

Drafting a HIPAA release to include in your estate plan is a prudent step in protecting your well-being while you are alive but incapacitated and also protecting your estate and legacy after you pass. An experienced estate planning attorney at Bronzino Law Firm can help you to identify which individuals should be authorized to access your medical records in the event of your incapacitation or death and properly prepare and execute the release. As circumstances in your life change, it is important to reassess your estate plan, including your HIPAA release, and determine if any updates are needed to ensure that the individuals you trust most have access to your medical records. Contact us by calling our local offices in Ocean and Monmouth Counties at (732) 812-3102  to speak with a lawyer regarding your particular situation. We offer free consultations and a vast array of estate planning services to individuals in Sea Bright, Toms River, Brick, Howell, Neptune, Beachwood, Island Heights, Brielle, and across Southern New Jersey.