HIPAA: An Overview for Young Adults
The Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to provide guidelines for the healthcare industry to protect patient information and privacy. Protected health information includes any information that can be used to identify a person (think: name, date of birth, medical diagnosis, to name a few) in any form, including paper, electronic, and spoken information. For minors, this is a non-issue because parents, as legal guardians, have access to their children’s protected health information and are the ones making most of the medical decisions, as well as paying the expenses.
However, once an individual turns 18 years old, they are no longer considered a minor. This means that hospitals and doctors’ offices must safeguard patients' information from everyone, including parents. While it makes sense that a legal adult would be the one in charge of his or her own medical information, this can pose some problems for young adults in that in-between phase. Many 18-year-olds are still in high school, living at home, and have their expenses covered by their parents. Although they are considered legal adults, their day-to-day lives resemble those of a child.
Young adults should consider executing the required documentation to ensure their parents can access their medical records and discuss their medical care. This is accomplished through the use of a HIPAA Authorization Form. With this form, the young adult can designate any individual to be his or her Authorized Recipient of medical information. Executing this document can be incredibly helpful if there is a question about the young adult’s care while the parent is paying the corresponding medical bill.
A properly executed HIPAA Authorization Form can also be beneficial in the event the young adult ends up in the hospital. In an emergency, HIPAA allows doctors to share information with parents if the doctor determines such disclosure is in the best interest of the adult child. Because hospitals do not want to be fined for violating HIPAA, many will err on the side of caution and refrain from disclosing any information to family members without proper documentation, including whether the young adult is a patient in the emergency department. Without a HIPAA Authorization, families can feel helpless in a medical crisis, and doctors may miss important family medical information.
As a companion to the HIPAA Authorization Form, it is also essential to have a Health Care Power of Attorney (in Michigan, these are referred to as Patient Advocate Designations), so that someone will have the authority to make medical decisions on behalf of the young adult if he or she is incapacitated. Without this document, the family may be forced to go to court to have someone appointed to make crucial medical decisions.
If you or someone you know has recently turned 18 years old or needs a HIPAA Authorization Form and a Patient Advocate Designation, please call us. We are here to protect you and your family through all the significant milestones in life.
Treetown Law is here to help you every step of the way. Please contact us today to get started!
