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HIPAA Overrides: Understanding the Federal Law
The Health Insurance Portability and
Accountability Act (HIPAA) was enacted by the U.S. Congress in 1996. The
standards are meant to improve the efficiency and effectiveness of the nation’s
health care system by protecting the privacy of your Medical Records.
The law, however, has
placed restrictions on family members accessing each other’s Medical Records.
The following
disclosures do not need an individual’s permission:
• Those that are
required by law.
• Those that are related
to public health for
health
oversight activities.
• Those relating to
specialized government
functions,
or reports to government agencies
regarding
abuse, neglect or domestic violence.
Additionally,
disclosures made to law enforcement agencies for judicial and administrative
proceedings, or to avert imminent threat to health or safety of a person or
public do not require your authorization.
As you can see the
government has covered its bases in accessing your Medical Records, have you?
Does your Last Will and Testament grant your Personal Representative access to
your Medical Records?
Do
your Financial and Medical Powers of Attorney have HIPAA overrides?
If you have a Trust, does your Successor Trustee have the
express power to access your Medical Records?
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