You Must Have a Health Care Proxy with a HIPPA Release

As discussed in the previous postings, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), was enacted in 1996. It was created to assure that individuals' health information is properly protected. The previous postings listed information that the Privacy Rule protects, information that can be disclosed, and the entities that must keep private health information private.

The HIPAA laws unfortunately have made health care providers paranoid about sharing information with family or health care agents for fear of violating the law. Hence, the people entrusted to make health decisions (health care proxies) are denied information necessary to make informed decisions. Therefore it is critical that your Health Care Proxy include a HIPAA release so there will be no barrier between information and the decision makers entrusted to make critical health decisions.

A health care proxy appoints an agent to act on your behalf should you become incapacitated and unable to make your own medical decisions. Your living will states your health care preferences and serves as a guide for your health care proxy. Along with a HIPAA release, these documents have become foundational pieces to most estate plans.

Aaron E. Futterman, CPA, Esq. is a partner in the law firm of Futterman & Lanza, LLP with offices in Smithtown, NY and clients throughout Suffolk, Nassau, Queens, Brooklyn, Bronx, Richmond, New York, Westchester and Rockland Counties. He concentrates his practice to Elder Law, Medicaid Planning, Medicaid Applications, Estate Planning, Probate, Estate Taxes, and Estate Administration.

No Comments

Leave a comment
Comment Information
FindLaw Network

Let’s Talk.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

An Elder Law And Estate Planning Law Firm On Your Side.
Futterman, Lanza & Pasculli, LLP | Elder Law & Estate Planning Law Firm

satellite office

By Appointment Only

180 East Main Street
Suite 101
Smithtown, NY 11787

Phone: 631-894-4730
Fax: 631-979-9546
Smithtown Law Office Map

13 East Main Street
Bay Shore, NY 11706

Phone: 631-515-5978
Fax: 631-665-9262
Bay Shore Law Office Map

satellite offices
1050 Franklin Avenue
Suite 302
Garden City, NY 11530

Phone: 631-894-4730
Phone: 516-750-5511
Fax: 516-453-0299
Map & Directions

33 Flying Point Road
Suites 121/122
Southampton, NY 11968

Phone: 631-894-4730
Map & Directions