The Health Insurance Portability and Accountability Act, commonly known as “HIPAA”, has a huge impact on providing care for loved ones. This federal law was enacted in 1996 to protect the privacy of individuals’ medical information. It requires health providers and insurers to keep medical information confidential and secure. This information cannot be disclosed unless there is written authorization from the patient. This allows patients to exert more rights over their own health information and set limits on who can receive this information.
With curiosity peaking over COVID-19 cases, many seek information on who in their community may be testing positive. This desire to know butts up against the right to privacy afforded by HIPAA. Even in a worldwide pandemic, HIPAA continues to protect patients’ medical information.
Information that is protected by HIPAA:
- all personal information contained within a patient's medical record
- any conversations with medical professionals or notes taken by a doctor, and
- medical billing information.
By signing a HIPAA authorization form, a patient can grant their caregiver access to this information about their care. In many situations, a caregiver having access to this helps ensure that more quality decisions are made related to the patient’s healthcare. This also allows caregivers to communicate directly with a patient's doctor to coordinate treatment and care between medical entities and it allows the caregiver to discuss and pay medical bills on the patient's behalf.
If the person you are caring for has not drafted a Healthcare Power of Attorney, it is recommended that you encourage them to sign a HIPAA release and keep these copies in their file. This will allow you to communicate with medical professionals and with any other family members that the patient has granted authorization. Be careful that you know exactly with whom you are allowed to share confidential medical information and that you follow these instructions carefully.
For more information about providing high-quality care for senior loved ones or to discuss long-term care planning, please contact Stouffer Legal in the Greater Baltimore area.
