John B. Whalen Powers of Attorney Law Blog on Lawyers.com

~ ~ ~

Powers of Attorney should be HIPAA Compliant.

For more from my Website: http://johnbwhalenjr.com/

~ ~ ~

~ ~ ~

~ ~ ~

~ ~ ~

Under the HIPAA Privacy Rules, a Power of Attorney that is intended to allow the Personal Representative (Agent) the power to access medical records, to authorize information disclosures, and to participate in medical decisions on behalf of the Principal, but not drafted to allow the Personal Representative (Agent) the presently effective power to make health care decisions on behalf of the Principal, may be technically deficient.

Consequently, the Agent may lack the critical necessary powers to act on behalf of the Principal in time of need.

Although some health care professionals may rely upon a Power of Attorney that is not drafted to comply with the Privacy Rules, they do so at their own peril.