• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Estate Planning » HIPAA and Estate Planning

HIPAA and Estate Planning

December 9, 2013Estate Planning

Although it’s been in effect for more than six months, there’s still a lot about the Health Insurance Portability and Accountability Act, or HIPAA, that many are unaware of. Not knowing, though, can mean big problems for anyone trying to reach you if you’ve been admitted into a hospital – and that’s just the tip of the iceberg.

September was also an important month as more of the laws protections kicked in. Blame it on the advances of technology and privacy concerns that continue to grow in this country. Most recently, concerns were raised over identity theft on the new government healthcare site that directs the Affordable Healthcare Act. For us, as elder care lawyers, it means better opportunities to protect our clients. But those opportunities come with a cost.

The History of HIPAA

Here’s what some don’t know: efforts to get this law passed have survived three presidencies. There were always privacy concerns, but drawing the line in the sand was challenging because of the cost that privacy would equate to. From one perspective, better privacy safeguards means no information at all leaves a doctor’s or nurse’s lips without proper authorization. That means if you’re a family member attempting to find your loved one after a car accident, unless you can speak with another family member or friend of your loved one, there’s a good chance you won’t be able to find out which hospital he’s been admitted into. If you’re not included in the various legal documents on file, you’ll have to find another way.

Take it to the Cloud

There is so much data being moved to the “cloud” (which is simply online storage we can save that allows us to access our documents, music and other information from anywhere) and as those moves are being made, getting it right the first time is absolutely crucial. Not only that, but there will be more people who could potentially handle medical records, all of which are being stored on a cloud somewhere in cyberspace.

Remember, the sole purpose of HIPAA is to better protect patients’ rights. Because so much is now found online, it was just a matter of time before those in the healthcare sector began incorporating an online bank for patient information. From their accounting to drug reporting to providing statistics for government records: if you’re a medical professional, you know how much time is spent uploading data. The problem was how to ensure patients’ privacy was kept at all times. The confidentiality issues are staggering and there was (and always will be) a lot at stake. Even if those in Congress couldn’t figure out the details, they did understand the importance of what they’d been asked to do.

As estate planning lawyers, we know how important it is to have legally binding HIPAA authorizations as part of your advance medical directive. We take that responsibility serious and encourage all of our clients to take the time to better understand the purposes and limitations associated with this new law. It’s all about compliance and taking no unnecessary risks. That’s what the law is all about – even in its earliest days in the Clinton Administration.

Along with the privacy considerations are other rights, too. Did you know that you can pay cash for any procedure and not have any detail reported to your insurance company? That might not be important a year from now, depending on what ultimately happens with Obamacare; as you know, part of that law prevents an insurance company from raising rates or declining an application based on pre-existing conditions. The idea that it’s available now, though, is peace of mind for many Americans.

As always, we encourage our clients – both established and new – to give us a call to discuss any of these changes and they might affect your estate planning efforts.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

Beverly estate planning attorney
Do We Need an Estate Plan If We Do Not Plan to Have Children?
Beverly estate planning attorneys
Am I Entitled to Social Security Based on My Spouse?
Beverly estate planning attorney
Make Reviewing Your Estate Plan Your New Year’s Resolution
Common Mistakes In Estate Planning 150x150
Common Mistakes in Estate Planning – Part III
Common Mistakes In Estate Planning 150x150
Common Mistakes in Estate Planning – IV
Beverly estate planning attorneys
15 Things to Do Following the Death of a Loved One

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.