If you have a child, grandchild or loved one who is away at college, you should be aware that the federal medical privacy rules (Health Insurance Portability and Accountability Act of 1996 – “HIPAA”) apply to him or her. Once your child turns 18, the federal HIPAA law says that you can no longer have access to your child’s medical information without his or her consent.
If there’s an emergency and your child is unable to provide consent, you might not be able to access the information you need to make important medical decisions. In fact, it might not even be clear that you have the legal right to make such decisions.
Consider an alternate gift for young adults in your life. It only takes a few minutes for your child to sign a HIPAA release form and a form saying that you can act as a health care agent (power of attorney for health care). It’s easy to do, and it could be very important in an emergency.
Other important documents to consider are powers of attorney for property and simple wills. We would be happy to meet with your loved one to prepare these important documents.