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The HIPAA
medical records confidentiality law went into effect in 2003. It provides
that anyone having medical information about you may not share it with
anyone absent a written waiver.
Doctors and
hospitals, with justification, have interpreted this to mean that they
cannot even speak to family members unless there is a written
authorization. Spouses, parents of young adults, siblings, and children of
aging parents have experienced not being able to obtain medical
information concerning their family members and loved ones.
The
solution is a properly drafted Health Care Power of Attorney with a
specific waiver of the HIPAA restrictions. Signing a HIPAA waiver form at
your doctor’s office is not enough to protect you and your family.
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