Dallas Probate Lawyer: I have a Physician’s Directive, why do I also need a HIPPA Authorization?

Posted on | November 11, 2011 | No Comments

I have a Physician’s Directive, why do I also need a HIPPA Authorization? 

To have a complete estate plan, it is necessary to execute a HIPPA Authorization form in conjunction with a physician’s directive and other estate planning documents. In 2003, the Federal Government passed the Health Insurance Portability and Accountability Act (HIPPA), which protects the privacy of patients’ health care records. Under the Act, hospitals, doctors, insurance companies and any other healthcare provider may not disclose or share private information with anyone but the patient, unless given authorization.

The importance of the HIPPA Authorization becomes apparent in a situation where an individual becomes incapacitated and cannot make their own medical decisions. Because the consequences of violating the HIPPA laws can be severe, many healthcare providers will not release any information to a family member or friend even if they are named as an agent in the physician’s directive. If the medical provider refuses to release the patient’s information, the agent with decision-making authority may not be able to make the best decision regarding the patient’s healthcare. Therefore, it is advisable to appoint an agent via the HIPPA Authorization to avoid any hesitation on the part of the medical provider or insurance company to provide the necessary information when time is of the essence.

For information on Texas probate lawyer to find a Dallas Probate Attorney, contact The Wright Firm at 972-353-4600 or visit our website at www.thewrightlawyers.com

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