HIPPA was effective 4/14/03. I am a medicaid caseworker and am concerned now about access to my mother’s health information and my ability to make various applications for her in the future. I am also concerned what provisions my husband and I need to make now to allow an adult child to have access to our health information and take care of any other health related matters on our behalf. Currently, according to our understanding, the only people allowed access, etc. are spouses, parents, payees, POA’s or legal guardians. I called and spoke to a local lawyer who suggested a living will but I do not think his understood my question.Can you advise me concerning what we need to do?
Concerning HIPPA HIPPA was effective 4/14/03.
Re: Concerning HIPPA
Much is yet to be determined re: HIPAA.
At this point, I will offer an “educated guess”
that a carefully drafted POA which makes specific
reference to accessing medical info
will be required both to access your mom’s info,
& for your adult child to have access to yours.
Martin Kasdan, Jr.
Martin Z. Kasdan, Jr., Attorney at Law
Brownsboro Bldg., Ste. 109; 2843 Brownsboro Rd
Louisville, KY 40206
Re: Concerning HIPPA
For some time, I have recommended a “durable” Power of Attorney as well as an expanded living will. The durable power of attorney will survive periods of incapacity and can even authorize the attorney in fact to authorize medical treatment and receive records. This same type of language should be included in the living will and the living will should provide for periods of temporary inability to make decisions. While you are alive, these two documents may cover the same ground but should answer most questions. I have also recommended alternate attorneys in fact as well as alternate health care surrogates in living wills. Makes the medical types happier when you can furnish all sorts of paperwork. Just put the names you need in the documents. These should be customized rather than just executing a “form” shoved under your nose by a hospital, or senior citizens group. In most small Ky towns the cost should be less than $200, but you can make the documents do anything you wish and then you will not have to worry about it. By the way, have your will made at the same time if you already have not done so.
Philip M. Owens, Attorney at Law
103 Broadway P.O. Box 478
Irvine, KY 40336-0478