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What is HIPPA and How Does it Relate to Estate Planning?

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January 31, 2025 •  Emily Hicks Law, PLLC
What is HIPPA and how does it protect your healthcare information?

HIPAA (Health Insurance Portability and Accountability Act) is a U.S. law that primarily protects the privacy and security of your health information. While you might hear HIPAA mentioned frequently in the context of healthcare providers and institutions, it also provides some rights and protections for individuals like you.

In the context of estate planning, it's important to have a HIPPA document in place to ensure only the people you designate have access to your medical records.

Here are 5 key things HIPAA can do for you:

1. Protect Your Medical Privacy

HIPAA ensures that your personal health information (PHI) is kept private and secure. Healthcare providers, insurers, and business associates must follow strict rules about how they handle your medical data. For example, they can’t share your medical history, test results, or other personal details without your consent, except in certain situations where disclosure is required by law (e.g., in emergencies or for public health purposes).

2. Give You Access to Your Health Information

HIPAA gives you the right to request a copy of your medical records from healthcare providers. This means you can view and obtain copies of your medical history, treatment plans, and test results, ensuring that you’re fully informed about your health. You can also ask for corrections if there are errors in your health records, like wrong diagnosis codes or incorrect details about previous treatments.

3. Allow You to Control Who Sees Your Health Information

HIPAA gives you the right to decide who can access your health data. You can provide written consent or authorization for others (such as family members, friends, or other healthcare providers) to view or discuss your health information. This is particularly helpful if you want to grant someone else the authority to make healthcare decisions on your behalf, such as in the case of a durable power of attorney for healthcare. This is especially important if you are (or have) a high school or college student who would like to authorize parents/friends/other family members to have access to medical records.

4. Ensure Secure Electronic Health Records (EHRs)

Under HIPAA, healthcare organizations that store your data electronically must put in place strict security measures to protect your information from cyber threats or unauthorized access. These safeguards help prevent data breaches or leaks of sensitive health information, ensuring that when your data is stored or transmitted online, it is encrypted and kept secure.

5. Provide You with the Right to File Complaints

If you believe your health information has been mishandled or shared improperly, HIPAA allows you to file a complaint with the healthcare provider, insurance company, or the U.S. Department of Health and Human Services (HHS). This can help hold entities accountable for any violations of your privacy rights and encourage them to improve their data protection practices.

Bonus: Helps Protect You from Health Insurance Discrimination

HIPAA also ensures that health insurers cannot discriminate against you due to pre-existing conditions when you move between jobs or insurance plans (though certain provisions have been modified by the Affordable Care Act). This helps protect your coverage and ensures that you’re not unfairly penalized for prior health issues.

In short, HIPAA is there to protect your personal health information, give you more control over your health data, and ensure that it’s handled securely and confidentially. It’s a fundamental part of your rights as a patient or healthcare consumer. A HIPPA authorization form is included in our estate planning package, and we encourage our clients to think through who they authorize to have access.

If you're ready to plan, give us a call today.

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