Sharing healthcare information -- a HIPAA workaround

In the latest ISBA Trusts and Estates newsletter, Jay S. Goldenberg offers a simple remedy for a nettlesome problem. Suppose that, as in Jay's case, your wife is your primary agent under your POA for health care, but you want your successor-agent daughters to be kept in the loop about your status and treatment. Under HIPAA, the hospital is authorized to release information only to your primary agent. How do you open the spigot? Here's what Jay did: "I added the following language to the statutory form just after Paragraph 5 (which lists successor agents). 'Without changing the order of succession as agent, I give permission to any health care provider to release any and all of my medical information to any successor agent named hereunder, regardless if acting.'" So far, it's done the trick, Jay reports.
Posted on November 11, 2010 by Mark S. Mathewson
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