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Some medical providers have refused to release information, even to spouses and adult children authorized by the Health Care Power of Attorney on the grounds that the 1996 Health Insurance Portability and Accountability Act, or “HIPAA,” prohibits such releases. Therefore, as part of your incapacity planning, you should sign a HIPAA authorization form that allows the release of your medical information to the agents, successor trustees, family members, or any other individuals whom you wish to designate as persons that are authorized to obtain your medical information or whom you just want to stay informed of your medical condition.
We often recommend that young adults who have just turned 18 execute a HIPAA Authorization. Many people do not realize that just because their child still lives with them, or because they support their child while the child is away at college, the parents are not legally entitled to obtain their child’s medical information once the child has reached the age of majority. Many of our clients send their recent high-school graduates to our office to consult with us about signing a HIPAA Authorization.
Schening & Dopke Law, LLC is located in South Elgin, IL and serves clients throughout Kane, DuPage, DeKalb and Cook Counties and the surrounding areas.
