What is HIPAA Release Form and Why do I need one?

In Massachusetts, Health Care Proxies are an important part of a personalized and comprehensive estate plan. Some frequently asked questions below:

1. What is a HIPAA Release Form?

In 1996, Congress passed the Health Insurance Portability and Accountability Act for the purpose of protecting a patient’s health care information from third parties without the patient’s authorization. Without a HIPAA release form, a medical provider may not discuss your medical information with anyone who is not directly involved in your care.

2. What are the elements that should be included in a HIPAA Release form?

A HIPAA Release form should include the following:

a) A description of information that can be disclosed:

b) The purpose for which the information will be disclosed;

c) The name of the person or entity to whom the information will be disclosed;

d) Date of expiration;

e) Date and signature.

3. What are the advantages to having a HIPAA Release form and why is it considered a part of a comprehensive estate plan?

A HIPAA Release Form allows your representative to receive the medical information for you in the event that you personally are unable to ask for it. This could be necessary if you are incapacitated or are traveling and you seek medical records from a medical provider in a different location.

For additional information see the following:

Health Insurance Portability and Accountability Act of 1996 (HIPAA) | CDC

HIPAA Compliant Release Form to Allow Others to See Your Medical Records and Protected Health Information | Mass Legal Services

If you would like a free initial consultation to discuss creating your personalized comprehensive estate plan, please contact the Law Offices of Martin I. Flax, P.C. at flaxlaw@gmail.com.