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Privacy Red Tape AgainTwo years ago, we began a series in "Peacock Tales" on America's pre-occupation with privacy concerns. The first of five articles was on "Privacy - Use and Transmission of Medical Records." We predicted red tape would get worse—and it has.Regulations from the Department of Health and Human Services (DHHS) supplementing HIPAA (Health Insurance Portability and Accountability Act) now pose barriers to even the sharing of medical information on condition or treatment without clear authorization. Protecting privacy is the name of the game. On the advice of leading authorities in our Pennsylvania Bar Association, added language in Powers of Attorney and Advance Directives will be necessary to clearly authorize your agent to receive health information and give treatment or care instructions. If the consent doesn't say "HIPAA," it may be rejected by your doctor, nurse, hospital or other care-giver. At Peacock Keller, we have revised our Power of Attorney and Advance Directive with a clear paragraph of authorization to satisfy HIPAA privacy requirements. We don't want our clients to be "stonewalled," no matter how well-intentioned. If you have any concern in this area, contact your Peacock Keller attorney for an updated Power of Attorney and/or Advance Directive. |
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