If you are over the age of 18, there are MUST HAVE documents in case of emergency or incapacity. You must have an Advanced Medical Directive and HIPAA Release Form in case of medical emergencies!
The Federal government waived the HIPAA laws in Orlando, so family members could speak with Orlando Hospital staff to find out if the victims of the Pulse nightclub shooting were in the care of hospital staff.
In most cases the Feds will not waive this law, so it is important that everyone over the age of 18, speak with an estate planning attorney to get theses documents in place and then give copies of these forms to family members of loved ones. General, at LA LAW Center we are more concerned about car accidents for our clients and family members or significant others not being given proper access to an injured person’s condition.
HIPAA is the Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals’ protected health information.
Also the Advanced Health Directive allows you to choose others to make decision about your health care in case of incapacity… which in most cases means that the ill person is in a coma or has severe dementia. This allows someone to decide whether or not to keep the a person that is brain dead on life support. Most individuals that we speak with do not want to be kept alive on life support if their brain has been proven to not function any longer.
It is best to chose the person(s) to make these decisions so at least be able to talk to medical staff.
We are available to create these and other estate planning documents to protect our clients and offer free consultations. Call 818.241.4238.