HIPAA
RELEASE

What is a HIPAA Release?

A HIPAA release is a legal document that allows you to authorize specific individuals to access your protected health information (PHI). HIPAA, the Health Insurance Portability and Accountability Act, was designed to protect the privacy of medical information and restricts access to your medical records without your explicit consent.

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In the context of estate planning, a HIPAA release ensures that the people you trust have access to vital information, such as medical records, treatment updates, and test results, if you become incapacitated or need healthcare decisions made on your behalf.

 

Why is a HIPAA Release Important in Estate Planning?

Including a HIPAA release as part of your estate plan provides several benefits:

1. Allows Timely Access to Medical Information

   • If you are incapacitated and unable to communicate, your healthcare agent (or other authorized individuals) will need access to your medical records to make informed decisions about your care. Without a HIPAA release, healthcare providers may not be able to share important details about your condition, treatment options, or medical history.

2. Supports Your Healthcare Power of Attorney

   • A power of attorney for healthcare authorizes a designated person to make medical decisions for you if you are unable to do so. However, without a corresponding HIPAA release, this individual might face barriers when trying to obtain the medical information needed to make informed decisions.

3. Avoids Delays in Medical Care

   • Medical decisions often need to be made quickly, especially in emergencies. By providing authorized individuals with immediate access to your medical records through a HIPAA release, you can prevent delays that might otherwise jeopardize your health or treatment.

4. Protects Your Privacy While Empowering Your Agents

   • While the HIPAA release grants access to your medical records, it still maintains your privacy. You can specify exactly who can access your information, limiting it to only those you trust.

5. Reduces Stress for Loved Ones

   • Without clear legal authorization, family members may face significant stress and frustration when trying to get information from healthcare providers. A HIPAA release eases this burden, ensuring that those you trust are legally able to communicate with your doctors and make decisions in your best interest.

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How to Include a HIPAA Release in Your Estate Plan

1. Identify the People You Trust

   • Consider who you want to have access to your medical information in the event of an emergency or incapacity. This might include your spouse, adult children, close friends, or other trusted individuals. You can authorize as many or as few people as you wish.

2. Work with an Estate Planning Attorney

   • A knowledgeable attorney can help you draft a HIPAA release that meets legal requirements in Illinois and complements your broader estate plan. This document should align with your healthcare power of attorney to ensure a seamless process for your designated healthcare agent.

3. Store the Document Safely

   • Once signed, ensure that your HIPAA release is easily accessible. Provide copies to your healthcare agent(s), your primary care physician, and any other healthcare providers involved in your care. It’s also wise to store a copy with your other estate planning documents, whether digitally or in a secure location.

4. Review Regularly

   • As with other components of your estate plan, it’s important to review your HIPAA release periodically. If your relationships or healthcare preferences change, update the document to reflect your current wishes.

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HIPAA Releases vs. Other Estate Planning Documents

While a HIPAA release is related to healthcare powers of attorney, it is not the same thing. Here’s how it differs:

• HIPAA Release: Grants authorized individuals access to your medical records, allowing them to receive information from healthcare providers.

• Healthcare Power of Attorney: Appoints an agent to make healthcare decisions on your behalf if you’re unable to do so. This agent relies on information obtained through the HIPAA release to make informed decisions.

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A comprehensive estate plan is about more than just assets—it’s about ensuring your wishes are respected in every aspect of your life, including your healthcare. By including a HIPAA release in your estate plan, you empower your healthcare agents to make informed decisions and avoid unnecessary barriers to communication during critical moments.