Health Insurance Portability and Accountability Act of 1996
A new law was enacted recently called the Health Insurance Portability and Accountability Act of 1996 (aka HIPAA), 42 USC 1320d and 45 CFR 160-164. A provision, which we attach at the end of the Power of Attorney for Health Care, enables your Agent to access all of your medical records after you have become incapacitated. This is a necessity if you expect your Agent to act in your best interest after you have been deemed incapable of making your own decisions. How can the Agent make the best decision if they don’t have access to your medical history? I strongly encourage you to contact our law firm regarding this new law, if you have not already done so, and either add it to your existing Power of Attorney, or create a new, updated Power of Attorney.
The information on this website is for educational purposes only and is not intended as legal advice. An attorney client relationship is only established by the express written consent of both parties.