HIPAA, or the Health Insurance Portability and Accountability Act, is a federal law that was enacted in 1996 to protect the privacy of individuals’ health information. HIPAA applies to all health care providers, insurance companies, and other entities that handle personal health information. The law sets standards for how this information can be used and disclosed, as well as requiring safeguards to protect it from unauthorized access.
Senior Citizens
HIPAA is especially important for seniors because they often have complex medical histories and may require frequent medical care. As they age, seniors may also become more vulnerable to identity theft or scams related to their health care. HIPAA helps protect seniors’ sensitive health information from being shared without their consent or knowledge.
Privacy Rule
One of the key provisions of HIPAA is the Privacy Rule. This rule establishes national standards for protecting individuals’ medical records and other personal health information. It requires health care providers and other covered entities to obtain written consent before sharing any patient information with third parties, except in certain limited circumstances (such as when required by law). The Privacy Rule also gives patients the right to access their own medical records and request corrections if necessary.
Security Rule
Another important provision of HIPAA is the Security Rule. This rule requires covered entities to implement physical, administrative, and technical safeguards to protect electronic health information from unauthorized access or disclosure. This includes measures such as password protection, encryption, firewalls, and regular security audits.
Data Breaches
HIPAA also includes provisions related to data breaches. If a covered entity experiences a breach of unsecured protected health information (PHI), it must notify affected individuals within 60 days of discovering the breach. The entity must also notify the Department of Health and Human Services (HHS) if more than 500 individuals are affected by the breach.
Medicare
For seniors who receive Medicare benefits or participate in Medicare Advantage plans, there are additional protections under HIPAA. These include rules regarding marketing communications from insurance companies and restrictions on using PHI for non-healthcare purposes.
Overall, HIPAA is important for seniors because it helps protect their sensitive health information from being shared without their consent or knowledge. This can help prevent identity theft and other types of fraud related to healthcare. It also gives seniors greater control over their own medical records and ensures that healthcare providers are taking appropriate measures to safeguard their information.
Elder Law Implications of Privacy Rule
As elder law attorneys, we help clients prepare for the eventualities of aging. Since the average life expectancy is into the mid-eighties after you reach the age of 67, incapacity is common among seniors. Alzheimer’s is a leading culprit, but there are other causes of incapacity.
If you do nothing to prepare for this eventuality, the state can be petitioned to appoint a guardian to act on your behalf. You can take the matter into your own hands in advance if you execute durable powers of attorney. The “durable” designation is important, because this type of power of attorney will remain in effect upon your incapacity.
We are using the plural because you could execute a power of attorney for health care decision-making along with a durable power of attorney for property. Because of the HIPAA Privacy Rule, doctors would not be able to share medical information with your health care representative unless you sign a HIPAA release, so that should be included as well.
Take Action Today!
Action is required if you are going through life without a comprehensive estate plan with an incapacity component. You can call us at 860-548-1000 to schedule a consultation at our Westport or Glastonbury, CT estate planning offices, and you can use our contact form to send us a message.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.