Estate planning can be a very complex process. People have to think about what happens to their property and their loved ones after they die. They also need to plan for the possibility of a major personal emergency.
Frequently, people prioritize specific documents, such as wills and powers of attorney. They may fail to consider less common documents that can also be important in an emergency situation. Simply providing instructions about medical wishes and appointing someone to make health care decisions may not be sufficient in the event of an emergency. People establishing estate plans also have to think about granting access to medical records as part of their planning process.
The law limits access to medical information
For more than two decades, strict federal rules have limited who can access information about an individual’s medical history. The private medical information of an individual is subject to strong legal protection, and medical professionals risk citations and other penalties if they violate the law.
Under the Health Insurance Portability and Accountability Act (HIPAA), health care providers cannot share the private medical information of any person with others with a few exceptions. Parents can typically access information about minor children, and spouses can access one another’s medical records in emergency scenarios.
Anything beyond that generally requires prior written authorization. Even in an emergency where a person becomes incapacitated, their parents, siblings, children and other family members may not be able to review information about their medical history.
Those establishing comprehensive estate plans that include powers of attorney and other advance directives may need to consider adding a HIPAA authorization form. They can grant the person they appointed as their agent or attorney-in-fact access to their private medical information in an emergency scenario.
In some cases, it may be necessary to authorize multiple separate people in case the person nominated as the primary candidate is not available when an emergency arises. HIPAA authorization documents can make a major difference for the person who must make health care choices for an incapacitated person.
Adding HIPAA authorization documents to a robust estate plan can help to ensure that family members can make informed decisions in a medical emergency. Access to medical records can be critical when other people have to make decisions about the treatment that someone receives.