HIPAA Lawyers in California Ensuring Your Estate Plan is HIPAA Complaint
While HIPAA is often thought of in terms of healthcare privacy, the law also has provisions relating to incapacity planning. Under HIPAA, a release form must be in place in order for healthcare providers to share information about an individual’s condition with that individual’s designated representative. This release form must be signed by both the individual and the designated representative.
If you do not have a HIPAA release form in place, your designated representative may not be able to obtain important information about your health and medical care. This could result in a delay or even denial of necessary treatment. It is therefore important to have a HIPAA release form in place if you want your designated representative to be able to act on your behalf in the event that you become incapacitated.
A HIPAA lawyer in California can help you create a HIPAA release form that meets the requirements of the law and is tailored to your specific needs. We can also help you plan for incapacity so that you can rest assured knowing that your loved ones will be able to make decisions on your behalf if you are unable to do so yourself. Contact us today to learn more about how we can help you protect yourself and your loved ones. For a free consultation, call our California estate planning law firm at 916-685-1225 to get started.
What is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) is a United States legislation that was enacted in 1996. The act provides data privacy and security provisions for safeguarding medical information. The HIPAA Privacy Rule sets national standards for the protection of personal health information, also known as PHI. The Rule requires covered entities to implement administrative, physical, and technical safeguards to protect PHI. Covered entities include healthcare providers, health plans, and healthcare clearinghouses.
The HIPAA Security Rule establishes national standards for the security of electronically protected health information (ePHI). ePHI is any information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of healthcare to an individual; or the past, present, or future payment for the provision of healthcare to an individual. 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 PHI. Healthcare providers, health plans, and healthcare clearinghouses that are not in compliance with HIPAA may be subject to civil fines and penalties. Health care providers working in health and human services follow HIPAA regulations strictly. This is why it is important to let our HIPAA lawyers assist you in achieving and maintaining compliance with all aspects of the law.
How Costly are HIPAA Violations?
HIPAA violations can be quite costly, both financially and in terms of damage to your 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 take steps 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 amount of the penalty will depend on the nature and extent of the violation, as well as whether the covered entity took steps to correct the problem.
In addition to monetary penalties, covered entities may also face damage to their reputation if they experience a HIPAA violation. This can lead to loss of business, as well as increased scrutiny from regulators.
Thus, it is important for covered entities to take steps to prevent HIPAA violations from occurring in the first place. 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.
Is Filing a HIPPAA Authorization Form Complicated?
Filing a HIPAA authorization form is fairly straightforward. However, there are some things to keep in mind when filling out the form. First, make sure that you have all of the required information before beginning to fill out the form. This includes the patient’s name, date of birth, social security number, and contact information. Second, be sure to read the form carefully and fill it out completely. Incomplete forms may be rejected by the covered entity or may not provide enough information to properly protect the patient’s PHI. Finally, make sure to sign and date the form once it is complete. Once you have done all of this, you can then submit the form to the covered entity. HIPAA authorization forms are not complicated, but it may be important to seek the help of HIPAA lawyers from our law firm to ensure compliance with all aspects of your estate plan.
Contact Cava and Faulkner for Help with your Estate Planning Needs
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 compliance with HIPAA involving medical records and can help you ensure that your estate plan is in compliance with the law. Contact us today to learn more about how we can help you. To get the estate planning services you need, call Cava & Faulkner today at 916-685-1225 and get started.