Privacy Laws: How to Safeguard Yourself
The federal government frequently enacts legislation aimed at protecting individuals. However, these laws can sometimes lead to unintended consequences. Recently, new federal laws and regulations have been introduced to enhance the privacy of medical information. The Health Insurance Portability and Accountability Act, commonly known as HIPAA, is a significant piece of legislation now in effect. It requires all “covered entities”—which include doctors and hospitals—to adhere to strict privacy regulations or face severe penalties. These penalties range from a $100 fine for an innocent error to a $250,000 fine and up to 10 years in prison for more severe violations.
Health care providers are particularly concerned about these consequences and, as a result, are being extra cautious when it comes to releasing medical information. In fact, even when the release of information is permissible under HIPAA, some doctors and hospitals are now hesitant to share it. For instance, a patient at Tufts-New England Medical Center in Boston received a heart transplant, but doctors were worried that the donor heart might have been contaminated with bacteria. When they reached out to the hospital where the heart came from to confirm, the institution refused to share the information due to HIPAA concerns. This resulted in the patient being unnecessarily treated with antibiotics for over 12 hours, as Dr. Deeb Salem, the hospital’s chief medical officer, expressed frustration over the situation. This issue isn’t isolated—patients, healthcare providers, and family members alike are finding it increasingly difficult to access important medical information due to HIPAA’s stringent rules.
While HIPAA’s goal of keeping personal medical information private is commendable, there are scenarios where it’s crucial to allow certain individuals access to this information. For example, we often want our family members to know how we’re doing and to visit us in the hospital. Additionally, some release of medical details is necessary for effective estate planning. Agents under powers of attorney or successor trustees typically need access to medical information to act on your behalf, but they can’t do so unless a physician certifies that you are incapacitated. However, this can lead to a Catch-22 situation: if the physician won’t release that certification without your permission, but you’re incapacitated and unable to grant it, your agents and trustees may be powerless to act in your best interest.
The good news is that there is a way to address this issue. You can sign a HIPAA Authorization form, allowing your medical information to be shared with designated agents, trustees, family members, or anyone else you choose. This ensures that those you trust can access the necessary information to make decisions on your behalf if you are unable to do so.
Murtadi Law, LLC can help you navigate these privacy regulations and ensure your plans aren’t disrupted by the protections meant to safeguard you. They can incorporate a HIPAA Authorization into your estate planning documents, ensuring a smoother process in times of need.