Advance Health Care Directive and HIPAA

Health Care

Your Authorization for Release of Protected Health Information is a document required by the Health Insurance Portability and Accountability Act (HIPAA).  This document allows the identified persons to obtain protected health information on your behalf in order to make informed decisions about your care and to pay your medical bills.

Your Advance Health Care Directive authorizes your agent to make medical decisions for you if you cannot express your wishes or make the decisions yourself.  In addition, your Advance Health Care Directive authorizes your agent to obtain copies of your medical records.  You may revoke your Advance Health Care Directive at any time by informing your agent, in writing, that you are revoking the appointment.  You should also send a copy of the written revocation to anyone who has a copy of the original Advance Health Care Directive.


The California Advance Medical Directive takes care of all the issues: what you want concerning: your named agent(s); life support and/or resuscitation; organ donation; autopsy; cremation or burial.  This document was previously called a Medical Power of Attorney.  The Probate Code in July 2000 called it an “Advance Health Care Directive.


AGENT:  In the document you can name a trusted person to make decisions concerning your medical care should you become incapacitated and the decisions that must be made after death.


LIFE SUPPORT AND DNR: It also allows you to state your wishes concerning life support.  This is often confused with a living will.  A “Living Will”, which is a type of medical directive, merely states your wishes about health care and treatment, such as authorizing termination of life support systems if there is a terminal illness or permanent coma, but it does not nominate your agent. 


Please be aware that in California, nutrition and hydration through artificial means are considered medical treatment, so if you want to not have extraordinary means to keep you alive if you have a terminal condition, but do not wish to have your ultimate death be dehydration instead of your illness, be sure to indicate that you want nutrition and hydration even if other treatments are discontinued.


If you do not want resuscitation, please indicate that you leave an order of “Do Not Resuscitate” (DNR).  This information is placed in the area that allows additional comments.


ORGAN DONATION, BURIAL OR CREMATION:  Please designate your wishes concerning these areas.  Not only does it mean your agent must act within your wishes (as long as they are legal), but it can relieve a major cause of family disharmony due to disagreements over what is “right” or “proper”.

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