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HIPAA Lawyer in Elk Grove

Elk Grove HIPAA Lawyers Ensuring Your Estate Plan is HIPAA Compliant

While HIPAA is often viewed as a privacy law regarding healthcare, the law also has provisions relating to incapacity planning. Under HIPAA, a release form must be in place so that healthcare providers can share personal health information about an individual’s condition with that person’s designated representative. The individual and the designated representative must sign this release form to be HIPAA compliant.

If you do not have a HIPAA release form in place, your designated representative may not be able to obtain protected health information about your health and medical care. If a HIPAA form is not authorized, it could result in a delay or even denial of necessary treatment. It is essential to have a HIPAA release ready if you want your designated representative to be able to act on your behalf if you become incapacitated.

A HIPAA lawyer in Elk Grove can help you create a HIPAA release form that meets federal law requirements and is tailored to your needs. Our attorneys can also help you plan for incapacity so that you can rest assured knowing that your loved ones can make decisions on your behalf if you cannot do so yourself. Please contact Cava & Faulkner at our Elk Grove law firm today to learn how we can help you protect yourself and your loved ones. We will happily schedule a free consultation with a qualified legal team member who will answer your questions.

WHAT IS HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) is a 1996 United States law that provides patient data privacy and security provisions for safeguarding medical records. The HIPAA Privacy Rule sets national standards for protecting personal health information (PHI). The rules require covered entities, including healthcare providers, health plans, and healthcare clearinghouses, to implement administrative, physical, and technical safeguards to protect PHI.

The HIPAA Security Rule establishes national standards for securing electronically protected health information (ePHI). ePHI is any information that relates to an individual’s past, present, or future physical or mental health or condition, the provision of healthcare to an individual, or the past, present, or future payment for the provision of healthcare. The Security Rule requires covered entities to implement administrative, physical, and technical safeguards to protect ePHI.

HIPAA compliance is critical for protecting the privacy and security of ePHI. Healthcare providers, plans, and clearinghouses that do not comply may be subject to civil fines and penalties. Healthcare providers working in health and human services must strictly follow HIPAA regulations, and it is essential to let a HIPAA violation attorney help them maintain compliance with all aspects of the law.

Failure to follow HIPAA regulations can be costly for medical providers and cause needless delays for individuals who need treatment. Including a HIPAA authorization form in your essential estate planning documents is the best option. 

How Costly Are HIPPA Violations?

HIPAA violations can be costly financially and damage a medical provider’s reputation. The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that requires covered entities—such as healthcare providers, health plans, and clearinghouses—to protect the confidentiality of protected health information (PHI).

If a covered entity experiences a breach of PHI, it may be subject to civil or criminal penalties. The penalty amount will depend on the nature and extent of the HIPAA violation and whether the covered entity took steps to correct the problem.

In addition to monetary penalties, covered entities may also suffer reputational damage if they violate HIPAA. HIPAA violations can lead to loss of business and increased scrutiny from regulators.

That being the case, covered entities need to take steps to prevent HIPAA violations. These steps may include implementing proper security measures, training employees on HIPAA compliance, and having procedures in place to respond to a breach if one should occur. Taking these precautions can help covered entities avoid the costly consequences of a HIPAA violation. Most entities have strict regulations to ensure compliance and avoid costly fines. 

Is Filing a HIPAA Authorization Form Complicated?

Filing a HIPAA authorization form is straightforward. However, there are some things to remember when completing it. First, ensure you have all the required information before beginning, including the patient’s name, date of birth, social security number, and contact information. Second, be sure to read the form carefully and complete it entirely. The covered entity may reject incomplete forms or may not provide enough information to protect the patient’s PHI adequately.

Finally, make sure to sign and date the form once it is complete. Once you have done all this, you can submit the form to the covered entity. HIPAA authorization forms are not complicated, but it may be essential to seek the help of HIPAA lawyers from our law firm to ensure compliance with all aspects of your estate plan.

If you have questions about filling out a HIPPA form or how it relates to estate planning, contact Cava & Faulkner. If you need medical care, one of the last things your designated representative or healthcare provider wants to worry about is HIPPA legal complications.

Our attorneys have comprehensive experience dealing with HIPAA authorizations and can ensure that your document can withstand legal scrutiny.

How Long After a Person’s Death Does HIPPA Apply?

HIPPA laws safeguard a decedent’s PHI for 50 years after the date of death. However, HIPAA authorization allows specific individuals, including estate executors and designated healthcare proxies, to have exceptions for health information after the decedent’s death.

There are exceptions to HIPPA that may apply after an individual has passed away. These exceptions may include the Department of Defense (DOD), a federal agency acting on their behalf, or any other federal agency, such as the FBI or CIA, which requires access to medical records due to law enforcement concerns or investigations. Other exceptions to HIPAA include medical examiners or coroners.

If you have concerns about how your medical information may be accessed after your death, it is best to consult an experienced attorney who can address your concerns. Cava & Faulkner has HIPAA attorneys with vast experience handling various aspects of HIPPA law and will gladly help you understand how to protect your information.

Contact our Elk Grove law firm today to schedule a free consultation so we may assess your legal needs.

How Long is a HIPAA Authorization Valid in California?

You must note the authorization’s validity period when signing a HIPAA release form. Under California law, the authorization is valid until the date specified on the form. Federal regulations require that the authorization form include an expiration date or qualifying event. However, in cases where no expiration date is specified, the authorization is generally valid for one year from the date the form was signed.

Regardless of the expiration date listed on the HIPPA form, patients have the legal right to revoke their authorization without giving a reason. To meet state and federal guidelines, the patient must make a written request to revoke the HIPAA authorization.

Due to the complexity of HIPAA regulations, anyone considering signing or revoking an authorization form should always consult an attorney. An attorney can review the document to verify it meets all legal qualifications and aligns with your interests.

If you are considering revoking a HIPAA authorization, an attorney can help ensure the process goes smoothly. Whatever your needs, it is always best to have an attorney assist you to ensure HIPPA compliance. 

What Must Be Included for a HIPAA Authorization to Be Valid?

State law dictates that a HIPAA authorization must include nine legal elements to be considered valid. Suppose the authorization fails to include any of the nine legal elements. In that case, it may not stand up to legal scrutiny, making it challenging for the designated representative or healthcare providers to obtain or share information.

The nine legal elements that must be incorporated into a HIPAA authorization include:

  • A detailed description of the Protected Health Information (PHI) that may be used or shared
  • The name of the individual or entity authorized to make the request
  • The name of the who may receive the PHI
  • A detailed description of the purpose of why disclosure is necessary
  • The patient’s signature or that of their designated representative. If a designated representative signs for the patient, they must also include a description of their scope of legal authority
  • The date the document was signed, accompanied by an expiration date
  • The HIPAA authorization must also include a statement that protects the patient’s rights
  •  If the authorization is also used for marketing purposes, the patient must be made aware that the provider will receive payment from a third party in exchange for disclosing PHI
  • The authorization must be presented in plain and easy-to-understand terms. In some cases, a provider may be required to translate the document for those with limited English comprehension

Cava & Faulkner’s dedicated legal team has extensive experience handling HIPAA authorizations and will gladly review your document to ensure it meets all legal criteria.

Who Can Sign a HIPAA Authorization Form?

California law allows several individuals to sign the HIPAA authorization form, depending on the circumstances. If the patient can, they should be the first choice to sign the authorization. However, a designated legal representative, such as a parent or guardian, may also sign. If the patient is a minor or incapacitated, their legal representative may be authorized to sign on their behalf.

Additionally, a spouse or individual responsible for paying a medical bill may sign if the authorization concerns obtaining healthcare coverage for the patient.

It is important to remember that the HIPAA authorization form could be rendered invalid if signed by anyone not considered eligible to do so under the state guidelines. The best way to avoid undue complications is to seek legal help from a highly trained lawyer familiar with the HIPPA.

Our attorneys have a proven record of helping clients with their estate planning, and HIPPA needs in Elk Grove and the surrounding community. Allow our HIPPA attorneys to assist you with your legal matters so you can have the peace of mind you deserve.

How Does HIPAA Affect Estate Planning?

California has strict laws stating that a decedent’s medical records or any sensitive details regarding their protected health information (PHI) cannot be released without a valid HIPAA authorization.

Specific actions should be taken to prevent complicating the estate settlement process. One of the best ways is to incorporate HIPAA provisions into a comprehensive estate plan. A HIPAA authorization will not only allow your designated representative to access your medical records and discuss your care with providers but also after your death.

Under the law, an executor or trustee must have the deceased’s prior authorization to access or share sensitive health information regarding their medical condition or records with beneficiaries or other interested parties during the probate process.

A knowledgeable attorney can draft the necessary legal documents to ensure that a healthcare power of attorney also addresses HIPAA compliance. The same holds for estate planning, as the personal representative overseeing estate settlement can do so without unnecessary delays.

Our Elk Grove law firm is dedicated to helping clients plan for the future. Our attorneys understand how HIPAA authorizations work together and will help craft a custom estate plan that fits your needs.

Why Should I Trust Cava and Faulkner to Handle My Legal Matters?

As you age, you may be concerned about receiving adequate medical care and ensuring that your designated representative can access the data they need to make informed decisions. 

At Cava and Faulkner, our HIPAA lawyers can help you with all aspects of estate planning, including filing HIPAA authorization forms to meet HIPAA regulations. We understand the importance of HIPAA compliance involving medical records and authorizations and can help you ensure that your estate plan complies with the law.

One aspect that differentiates us from other law firms is that we take time to sit with clients to understand their concerns. Our skilled attorneys then work to create custom-tailored estate plans that meet our client’s goals and help them face the future with confidence. 

If you are considering estate planning or have questions about how HIPPA could impact your healthcare proxy’s ability to make informed decisions, contact our Elk Grove law firm today to learn more about how we can help you. We will gladly review an existing HIPAA authorization or create an update form that aligns with your wishes.

To get the estate planning legal services you need, call Cava & Faulkner today at (916) 831-7565 and get started.