When most law firms put together an estate plan for a client, they focus primarily on a checklist of documents. At Blacksburg Law, we know that the documents are important – but we also understand that they aren’t the only thing that matters.

A HIPAA authorization is one of the documents that an estate plan should contain. On its face, this form is relatively straightforward: listing who you want to have access to your medical information. But it also represents so much more than that: it is about who you trust, who will likely care for you, and who will need access to this information in order to make decisions on your behalf.

Our law firm offers flat-fee estate planning services so that we collaborate on an estate plan without worrying about the clock. We will work with you to figure out what is important to you, how to make your estate plan workable, and what success looks like for you. If you’d like to learn more, reach out to schedule a consultation with a California estate planning attorney.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that – among other things – protects individuals’ privacy interests in their protected health information. In essence, HIPAA limits how health care providers and other covered entities (such as insurance companies) can use and share your protected health information. Unless you specifically authorize your doctor, a hospital, or another covered entity to do so, they typically cannot share any of your medical information with anyone else. And, in California, it’s required in addition to your advance health care directive.

This law is important, and serves a critical function of protecting our privacy. But it also can make things complicated when a person is sick or incapacitated and another person needs to talk to their medical team. A California HIPAA authorization is required. With this document in place, medical providers can provide information about your health and treatment plan to any authorized individuals.

A HIPAA authorization works in conjunction with your advance health care directive (AHCD). This way, your medical providers can provide protected health information to your agent. Your agent can then use their authority under the AHCD to make medical decisions for you.

As part of a broader trust-based or will-based estate plan, our HIPAA authorizations go a step further. We have a conversation with you about who you think will be best suited for the role of agent for your AHCD. We will then list that person and any other person you designate on the HIPAA authorization form. After all, there may be people who you wouldn’t choose as your agent, but who you still want to have access to your information.