By Marc Manor
Everyone loves the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), right?
I say that with a little more than a tinge of sarcasm because we all
know that HIPAA is a necessary evil when it comes to protecting our privacy
and, in many cases, our identity.
HIPAA seems like such a necessary requirement that I am
dumbfounded it was not enacted until
1996! I clearly remember the days early
in my military career when we routinely plastered our social security number on
everything we owned as a means of identification! What were we thinking? To think of all the sophisticated computer
hacking that is done to steal someone’s information these days, while for many years,
all someone had to do was pick through the garbage! But I digress!
 |
| Courtesy Pexels.com |
HIPAA is an essential part of the healthcare industry as
well as affecting everyone who uses any healthcare service. These regulations were enacted for your protection, and
they are interpreted with only the
slightest variation among healthcare providers and insurance companies. Almost all err on the side of caution and
interpret HIPAA with strict adherence. Those
who fail to comply with HIPAA guidelines are subject to fines of up to $50,000
per violation with a maximum $1.5 million annual ceiling. While this measure
ensures compliance, sometimes it can make it difficult to have someone else act
on your behalf with doctors, hospitals, or insurance companies.
Healthcare Power of
Attorney
Short of having total court-ordered
custody or wardship over someone, the Healthcare Power of Attorney, sometimes
called the “Durable Power of Attorney for Healthcare Decisions,” is the highest order that permits one adult
to act on the behalf another with regard to
healthcare decisions. Having a
Healthcare POA permits HIPAA access to healthcare information. The document for a Healthcare POA is state specific
but can be accepted outside the state it was assigned in some cases. Healthcare POA’s can assist with enrollment
and administration of healthcare plans as
a matter of convenience when dealing with such things as paying and negotiating
bills. This
is a tremendous help if a patient/policyholder
has difficulty understanding, being understood, or is otherwise disabled.
 |
| Courtesy Pexels.com |
Appointment of
Representative
Some healthcare providers and insurance companies have their
own way to document authorization on
behalf of a third party for routine healthcare matters. These documents are usually presented in the form of some sort of “Appointment of Representative” form that is filled out and signed by the patient/policyholder that allows them to designate
someone to perform certain functions on their behalf. The Department of Health and Human
Services/Centers for Medicare & Medicaid Services uses a form CMS-1696 for
this purpose. The CMS-1696 is accepted
by some insurance companies when they do not have their own forms.
Living Wills and
Advance Directives
Living Wills and Advance Directives are documents
specifically related to end-of-life care.
These documents should be discussed with an attorney and family members
to be sure everyone is on the same page when end-of-life concerns arise. Law library archives are chock full of cases
where families avoided these important documents only to wind up in disputes had
to be later resolved in court, usually at great expense and emotion.
I highly encourage everyone to think about who you want to
act on your behalf should the need arise.
Of course, trust is a big issue, and
unfortunately, some people do not have
someone that fits the bill. If you do
have someone that you can trust and confide in, I encourage you to take the
appropriate action to designate them to assist you should the need arise by
using an appropriate means of legal documentation. I have received many calls from distressed
friends and relatives who were unable to obtain an adequate level of
information because they were not designated by
one of these documents. I
recommend discussing these matters with your family and agent or attorney to
avoid the complications caused by healthcare privacy laws when it comes to
HIPAA.
 |
| Courtesy Pexels.com |
FL License: W104335 CA License: 0I77441
No comments:
Post a Comment