Planning Your Estate? Don’t Overlook HIPAA Rules

Estate planning is often focused on wills, trusts, and asset distribution. But one crucial area that’s frequently forgotten involves your medical privacy—the rules set by the Health Insurance Portability and Accountability Act, or HIPAA. If your estate plan doesn’t address HIPAA regulations properly, your loved ones could face unnecessary stress and confusion when making healthcare decisions on your behalf.

Why HIPAA Matters in Estate Planning

HIPAA was designed to protect your private health information from being shared without your consent. While that’s good for privacy, it can create complications when family members or agents need access to your medical records during an emergency or while managing your healthcare decisions.

Let’s say you’re incapacitated, and your healthcare agent needs to make decisions about your treatment. Without proper HIPAA authorization, doctors and hospitals might refuse to share medical details—even with your spouse or adult children. This lack of access can delay treatment decisions or prevent your healthcare proxy from carrying out your wishes effectively.

Discover: How to Ensure Your Family Can Make Medical Decisions If You Can’t

The Role of a HIPAA Authorization

A HIPAA authorization form allows you to name specific individuals who can access your medical records and talk with your healthcare providers. This document should be separate from your healthcare power of attorney or living will, though it works closely with both.

Without a HIPAA release, your healthcare proxy might have the legal authority to make medical decisions but still be unable to get the information needed to make them wisely. Including a HIPAA release ensures that the person you trust most can act quickly and confidently on your behalf.

Common Mistakes People Make

Many people assume that naming a healthcare power of attorney automatically gives that person full access to their medical information—but that’s not always true. Some healthcare providers strictly follow HIPAA rules and will only share details if a specific authorization is in place.

Another common mistake is failing to update your HIPAA release over time. People’s relationships change, and so do their medical needs. If the individuals you listed years ago are no longer the right choice, it’s essential to update the form to avoid complications later.

How to Include HIPAA Compliance in Your Estate Plan

When you work with an estate planning attorney, make sure your documents include a HIPAA authorization or waiver that aligns with your healthcare directive. You can customize this form to grant broad or limited access depending on your comfort level.

For example, you might allow your spouse and children to view your records but restrict sharing with anyone else. The key is clarity—make sure your wishes are clear and your paperwork is consistent across all documents.

Final Thoughts

Estate planning is about more than distributing wealth—it’s about protecting your loved ones from confusion and ensuring your wishes are honored in every situation. By including a HIPAA authorization in your estate plan, you give your chosen decision-makers the tools they need to act quickly and effectively. It’s a small step that prevents major problems down the line and brings true peace of mind to both you and your family.

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