MICHIGAN HIPAA AUTHORIZATION
Will Your Family Be Able to Speak with Your Doctors in an Emergency?
Imagine receiving a phone call that your spouse, parent, or adult child has been rushed to the hospital after a serious accident. Naturally, your first instinct is to call the hospital for information. Instead of receiving answers, you’re told:
“I’m sorry, but we can’t discuss the patient’s condition with you.”
For many families, this comes as a surprise. Federal privacy laws, commonly known as HIPAA (Health Insurance Portability and Accountability Act), restrict healthcare providers from sharing protected medical information without proper authorization. A HIPAA Authorization gives the people you trust permission to communicate with your doctors, hospitals, and other healthcare providers when it matters most.
WHAT IS A HIPAA Authorization?
A HIPAA Authorization is a legal document that allows you to authorize specific individuals to receive information about your medical condition, treatment, medications, test results, and other protected healthcare information.
Unlike a Designation of Patient Advocate, which generally becomes effective only if you are unable to make your own medical decisions, a HIPAA Authorization allows designated individuals to communicate with your healthcare providers even when they are simply helping you navigate a medical situation. It can be invaluable during emergencies, hospitalizations, surgeries, or ongoing medical treatment.
This document helps ensure that the people you trust are not left without answers during stressful and often frightening circumstances.
WHY IS A HIPAA AUTHORIZATION IMPORTANT?
Many people believe their spouse or adult children automatically have access to their medical information. Unfortunately, that is not always the case.
Healthcare providers must comply with federal privacy laws and may be reluctant to discuss your condition without proper authorization. While providers often exercise reasonable judgment in emergency situations, a properly executed HIPAA Authorization removes uncertainty and gives medical providers clear permission to communicate with the individuals you have selected.
For parents, this issue often becomes apparent when a child turns eighteen. Even though parents may still provide financial support or health insurance, they no longer have automatic access to their adult child’s medical information. A simple HIPAA Authorization can help families avoid unnecessary obstacles during a medical emergency.
WHO SHOULD RECEIVE HIPAA AUTHORIZATION?
Most people authorize:
· Their spouse
· Adult children
· Parents
· Siblings
· A trusted friend or caregiver
· The individual named as their Patient Advocate
You may authorize one person or several individuals, depending upon your circumstances. During your estate planning consultation, we will help you determine who should have access to your medical information and discuss any limitations you wish to include.
HIPAA AUTHORIZATION VS. DESIGNATION OF PATIENT ADVOCATE
These two documents work together, but they serve different purposes.
A HIPAA Authorization allows designated individuals to receive medical information and communicate with healthcare providers.
A Designation of Patient Advocate (Medical Power of Attorney) authorizes someone to make healthcare decisions if you are unable to make or communicate those decisions yourself.
Having both documents as part of your estate plan helps ensure your loved ones have access to information when they need it and legal authority to act if you become incapacitated.
A Small Document That Can Make a Big Difference
A stand-alone HIPAA Authorization is one of the simplest documents in an estate plan, yet it often provides tremendous peace of mind for families. During an unexpected illness or accident, loved ones should be focused on supporting one another, not wondering whether they can obtain basic information about your condition.
At Great Lakes Family Probate & Estates, we routinely include HIPAA Authorizations as part of our comprehensive estate planning services because we believe thoughtful planning should address not only major legal decisions but also the practical realities families face during medical emergencies.
FREQUENTLY ASKED QUESTIONS
What is HIPAA?
HIPAA is the federal Health Insurance Portability and Accountability Act, which protects the privacy of your medical information and limits when healthcare providers may share that information with others.
Doesn’t my spouse automatically have access to my medical records?
Not always.
While healthcare providers often involve spouses in discussions regarding treatment, there is no guarantee that every provider will disclose protected medical information without proper authorization. A HIPAA Authorization helps eliminate uncertainty.
Why should parents of college students have a HIPAA Authorization?
Once a child turns eighteen, they are legally considered an adult. Parents generally no longer have automatic authority to receive medical information, even if the child remains covered under the parents’ health insurance. A HIPAA Authorization allows healthcare providers to communicate with parents during emergencies or unexpected illnesses.
Does a HIPAA Authorization allow someone to make medical decisions?
No.
A HIPAA Authorization only permits designated individuals to receive medical information and communicate with healthcare providers. Medical decision-making authority is granted through a Designation of Patient Advocate.
Should everyone have a HIPAA Authorization?
Yes.
Every adult should consider including a HIPAA Authorization as part of a comprehensive estate plan. Medical emergencies can happen at any age, and having this document in place helps ensure the people you trust can receive important information when it matters most.
PROTECT YOUR FAMILY BEFORE AN EMERGENCY HAPPENS
No one plans for an unexpected medical emergency, but planning ahead can make an enormous difference for the people you love.
A Michigan HIPAA Authorization allows your family to communicate with healthcare providers, receive important medical information, and support you during difficult situations, all while respecting federal privacy laws.
At Great Lakes Family Probate & Estates, we believe comprehensive estate planning means preparing for life’s unexpected moments as well as its major milestones. Our attorneys will help
you create a personalized estate plan that includes the legal documents necessary to protect both you and your loved ones.
SCHEDULE A CONSULTATION
Contact us today to schedule a consultation and learn how a HIPAA Authorization, Patient Advocate Designation, Durable Financial Power of Attorney, and other estate planning documents work together to provide peace of mind for your family. If you would like to contact Great Lakes Family Probate & Estates, you can contact us at (888) 554-5373, or submit a form below to schedule a consultation.