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Update health care documents
to comply with HIPAA
The Health Insurance
Portability and Accountability Act of 1996 (HIPAA) provides the first-ever
federal privacy standards to protect patients’ medical records and other
health information. As of April 14, 2003, health insurance plans,
pharmacies, doctors, hospitals, and other covered entities must have
established policies and procedures that protect the confidentiality of
health information about their patients. Civil and criminal
penalties may be imposed if covered entities misuse personal health
information.
 I
am concerned that caregivers acting under valid health care power
documents will not be able to obtain the information necessary to make
critical health care decisions. Our office has revised our Durable
Power of Attorney, Designation of Health Care Surrogate, and Living Will
to specifically name the appointed persons “Personal Representative” in
compliance with federal HIPAA laws. According to HIPAA, the
“Personal Representative” is to be treated as the individual when it comes
to disclosure of protected health information.
Florida
living will and health care surrogate
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