• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Wilcox Attorneys, PA

Wilcox Attorneys, PA an Arkansas Estate Planning & Trust Information Center

Northwest Arkansas Estate Planning Attorneys (479) 443-0062

Client Vault
  • Home
  • Our Firm
    • Our Firm
    • About the American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • News & Events
    • Speaker Connection
  • services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • Legacy Planning
    • Pet Planning
    • Secure Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Webinars
  • Practice Areas
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • Medicaid Planning
      • Pet Planning
      • Probate
      • Trust Administration & Probate
    • Newsletters
    • Pre Consultation Form
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
  • Blog

Including HIPAA Authorizations in Incapacity Planning

May 11, 2015 by Deb Sexton Leave a Comment

HIPAA Authorizations in Incapacity PlanningMost of us are somewhat familiar with HIPAA, as nearly all health care providers require their patients to sign a HIPAA acknowledgement form stating they are aware of the HIPAA privacy regulations.  Although you sign the form, do really know the purpose of those privacy regulations and what they mean in terms of your estate plan?  Your estate planning attorney can explain in detail why including HIPAA authorizations in incapacity planning is important.

What exactly is HIPAA?

The acronym HIPAA stands for Health Insurance Portability and Accountability Act.  This piece of legislation was passed in 1996. Under the law and its regulations, which were passed in 2003, health care providers risk being assessed very serious penalties and sanctions for releasing any “Protected Health Information,” or unauthorized medical information typically contained in medical records.  For this reason, the majority of health care providers are very cautious when releasing medical records to anyone other than their patient.  Because the definitions included in the law are very broad, health care providers are unwilling to release any information to anyone, other than the patient, without a signed HIPAA release form.

How is “protected health information” defined?

“Protected health information” includes all information created or received by a “covered entity” that relates to an individual’s mental or physical health, or that could be used to identify that individual. The term “health information” is defined as follows:

Health information means any information, whether oral or recorded in any form or medium, that:

(A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and

(B) relates to the past, present, or future physical or mental health or condition of any individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual.

This definition includes not only health care providers, but also pharmacies, insurance companies and nursing homes. In light of the fact that health care providers will not release medical information without a properly executed HIPAA authorization, every estate plan needs to include a HIPAA authorization. Otherwise, your spouse or adult child may not be able to receive any information regarding your condition, if you become incapacitated.

Why including a HIPAA authorization in your estate plan is important

A HIPAA authorization allows the individuals you select and identify in the release to receive information regarding your condition and treatment from your health care providers. This is crucial for the person you name as your agent in a Health Care Power of Attorney to have. The HIPAA authorization can also apply to the agent under your Durable Power of Attorney or the trustee of your revocable trust.

When it comes to determining your incapacity, it is also important for your attorney to have access to your medical records, in order to properly represent you and your interests. In reality, many of the individuals you designate in various estate planning documents are likely to need access to your medical records in order to fulfill their fiduciary duties.  Without a HIPAA authorization, they will be completely without the resources they need to fulfill their duties.

If you have questions regarding HIPAA authorizations, or any other incapacity planning needs, please contact Wilcox Attorneys, PA online or by calling us at (470) 443-0062.

  • Author
  • Recent Posts
Deb Sexton
Latest posts by Deb Sexton (see all)
  • Estate Planning is Essential Whether You Are Married or Not - April 25, 2018
  • Income Tax Basis in Estate Planning – Part 2 - April 23, 2018
  • The Downsizing Generation: How to Handle a Surplus of Stuff When a Loved One Ages - April 18, 2018

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Wilcox Attorneys, PA

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Subscribe to Our Blog

Subscribe to our blog for all the latest estate planning news and updates!

Office Address

Fayetteville
2766 Millennium Drive
Fayetteville, AR 72703
Phone: (479) 443-0062

Office Address

Prairie Grove
1100 Division Street, Suite 4
Prairie Grove, AR 72753
Phone: (479) 846-6026

( By Appointment Only )

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM

Map

map for office
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

footer-logo

© 2023 American Academy of Estate Planning Attorneys, Inc.