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How Do Health Care Directives Align with HIPAA Privacy Requirements?

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California Estate Lawyers Giving You the Representation You Need for Health Care Directives

Planning for your health is an essential part of aging. No one likes to think about doctors’ visits, hospital stays, or other age-related medical issues, but it’s a necessary part of growing old. Taking your health and well-being into your own hands is an empowering act. It allows a person to take charge of their health and ensure they will receive the kind of medical care they want. Part of this planning is a health care directive.

A health care directive outlines all of your wishes regarding your medical care if you cannot communicate your wishes adequately. Having an established health care directive will remove some of the potential stress and concern of what steps will be taken regarding your health care if you cannot express your wishes. A vital part of establishing a health care directive is a HIPPA release. This will ensure any individuals tasked with seeing to your well-being have full access to all necessary medical documents.

What is a Health Care Directive in California?

A health care directive is also called an Advanced Health Care Directive, or AHCD. It is a document that outlines what you want to happen regarding your medical care if you cannot communicate these wishes yourself. This could be due to a variety of factors including but not limited to:

  • Car Accident
  • Coma
  • Stroke
  • Dementia
  • Surgery

An AHCD establishes what steps you want or do not want taken regarding your care. This can include but is not necessarily limited to:

  • Designating Medical Power of Attorney
  • Designating a Primary Care Physician
  • A Do Not Resuscitate Order
  • Instructions Regarding Life-Saving Procedures
  • Organ Donation Instructions

Medical power of attorney is a document that designates an individual to make medical decisions on your behalf. That individual will make any health care decisions for you per the wishes established in your advance health care directive. The AHCD are your written orders; the individual you designate with medical power of attorney will carry out those orders. Those orders can include the doctor you want to be in charge of your medical care, whether you wish life saving steps to be taken if you are critically injured, and other critical medical decisions.

Some individuals would like to be allowed to pass away naturally if they suffer a serious medical incident such as brain death, a traumatic accident, or more. They may not wish for their family members to go through the process of taking care of them if there is little or no chance of a full recovery. They may also not wish to live with a diminished quality of life if they are able to make a partial recovery. Other individuals would like the opportunity to try and recovery fully. If an individual has existing health care issues, they may want particular concerns considered. These are all issues which can be addressed by an AHCD.

An important document to include along with an AHCD is a HIPPAA Authorization. A HIPPAA Authorization will allow your medical power of attorney and primary care physician to have all of the necessary information available to them to best carry out your wishes.

What is a HIPAA Authorization in California?

HIPAA stands for Health Insurance Portability and Accountability Act. It is a law regulating patient privacy information regarding their medical records and other health information. It makes sure that only patients and authorized individuals have access to a person’s medical records. HIPAA ensures that only a person and the people they want to have access can read, review, and make decisions based on medical records and other health-related information.

A HIPAA Authorization is a document granting another person, hospital, or other people or entities access to your medical records. If you cannot grant authorization yourself, an extant HIPAA Authorization will give your medical power of attorney permission to read and review your medical records. Having an AHCD and granting medical power of attorney do not necessarily grant access to your records. A HIPAA Authorization is a step to ensure that the proper individuals can access the appropriate documents in an emergency. Doctors and hospitals take patient privacy laws seriously. In an emergency, having a designated power of attorney and AHCD may not be enough to ensure your wishes are carried out. This is because some doctors and hospitals may be hesitant to act without full access to your medical records. With a HIPAA Authorization, your medical power of attorney will be able to access all of your medical information and present it to doctors and hospitals. This can help ensure your wishes are carried out.

Many online documents allow an individual to establish their own AHCD in California. These documents may not take into account all potential aspects of being hospitalized. That includes a HIPAA Authorization. This is why if you are considering establishing an AHCD you must consult an experienced attorney.

What Should I Do if I Want to Establish an AHCD with a HIPAA Authorization in California?

Making sure your health concerns are established and your wishes are taken seriously is an important part of growing old. Planning for a possible medical emergency or end-of-life care is a complex task that involves multiple legal documents. If you or a loved one want to establish an AHCD with a HIPAA Authorization to ensure your instructions are followed, don’t hesitate to contact the attorneys at Cava & Faulkner at 9070 Elk Grove Blvd, Elk Grove, CA 95624.

The attorneys of Cava & Faulkner are highly experienced in estate planning and elder care. They know what hospitals and doctors will be looking for in order to follow a patient’s medical instructions. The attorneys of Cava and Faulkner will ensure all of the appropriate documents and authorizations are in order and on file if you or a loved one face a medical emergency. They know it’s best to be prepared for every possible situation and can help you or your loved one plan accordingly.

Peace of mind is invaluable as we grow old. Part of that peace of mind is knowing that your wishes for your health care will be followed if you are not able to communicate them. An AHDC with a HIPAA Authorization is vital to ensuring your wishes are carried out. If you or a loved one want to establish an AHCD with HIPAA Authorization, call the attorneys Cava & Faulkner today at 916-831-7565 or email them for a free consultation. Your peace of mind can begin today.