The HIPAA Privacy Rule Can Get in Your Way
Posted: April 4, 2017
“Once a child turns 18, the child is legally a stranger to you,” said Jane F. Wolk, a trusts and estates attorney practicing in New York and New Jersey, referring to the legal age in almost all states; in a few, the legal age is older. “You, as a parent, have no more right to obtain medical information on your legal-age son or daughter than you would to obtain information about a stranger on the street.” And that is true even if the young-adult child is covered under the parents’ health insurance, and even if the parents are paying the bill.
Three forms—HIPAA authorization, medical power of attorney, and durable power of attorney—will help facilitate the involvement of a parent or other trusted adult in a medical emergency. Once the forms are completed, it’s a good idea to scan and save them so that they are readily available on a smartphone or home computer.
You don’t need a lawyer to do this. Many websites have downloadable forms. But a lawyer’s involvement can benefit in making sure you are using the right form, explaining it, and advocating on your behalf in case something goes wrong.
Read the full article from Consumer Reports at http://www.consumerreports.org/health/help-your-college-age-child-in-a-medical-emergency/
More about Health and Human Services HIPAA at https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/
Free forms download at https://www.lawdepot.com
