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HIPAA Authorization In Charleston, South Carolina

If you are preparing advance medical directives as part of a comprehensive estate plan, it is also necessary to complete a HIPAA authorization. This document allows medical information to be released to medical providers, family members and other designated individuals in the event you become incapacitated. When it comes to ensuring your estate planning documents are in order, it is crucial to work with the right attorney.

Located in Charleston, Wiles Law Firm, LLC is a premier estate planning law firm serving clients throughout South Carolina. We have a well-earned reputation for customizing our advice to each client’s individual needs to help them make the best decisions for their future, their families, and their businesses. When you consult us, we will take the time to understand your family and financial circumstances and help establish a plan that protects your loved ones and preserves your legacy.

What is HIPAA?

HIPAA is an acronym for The Health Insurance Portability And Accountability Act of 1996. This federal law protects health insurance coverage for individuals who have changed or lost their jobs and also provides security provisions and data privacy to keep patients’ medical information safe. In particular, HIPAA standardized the processing of electronic healthcare transactions nationwide. The law also requires healthcare providers and organizations to implement safe electronic access to the patients’ health data in compliance with federal privacy regulations.

The HIPAA Privacy Rule, implemented in 2003, established standards covering allowable uses and disclosures of health information, in particular, to whom personal health information (PHI) can be disclosed and under what circumstances PHI can be shared. The rule permits PHI sharing by healthcare providers, health plans, healthcare clearinghouses, business associates of HIPAA-covered entities, and other entities covered by HIPAA Rules under certain circumstances. Generally, permitted uses and disclosures are for treatment, payment, or healthcare operations.

When is HIPAA Authorization Required?

HIPAA authorization is consent obtained from a patient to permit a named individual, entity or business associate to use or disclose PHI for a purpose that would otherwise not be permitted by the Privacy Rule -- including sharing the PHI of a person who has a healthcare proxy or Living Will in place and is unable to communicate.

The authorization form must be written in plain language so that it can be easily understood. It should also contain the following elements:

  • A specific description of the information that will be used or disclosed
  • The identity of the person or entity authorized to make the requested use or disclosure
  • The identity of the person or entity to whom information will be disclosed
  • The purpose of the requested use or disclosure (“at the request of the individual” may be sufficient)
  • A specific time frame for the authorization and an expiration date
  • A date and signature from the individual giving the authorization or the individual’s authorized representative

A HIPAA authorization must also include statements notifying the individual of (1) his or her right to revoke the authorization, (2) how to exercise the right to revoke, and (3) exceptions to the right to revoke. The authorization must provide other notices and the individual providing consent must be provided with a copy of the HIPAA authorization form for his or her records.

Why choose Wiles Law Firm, LLC?

As preeminent Charleston estate planning attorneys, we are dedicated to helping our clients plan for the future, knowing that unexpected circumstances are inevitable. By establishing advance medical directives such as a power of attorney for healthcare or a Living Will, you can ensure that you will receive the medical care you prefer when you are unable to communicate these decisions.

In the end, preparing an advance medical directive, and completing a HIPAA authorization, will ensure that personal representatives, loved ones, and medical team can have access to your medical records in an emergency. The best way to make sure that your estate plan contains all the necessary documents to effectively protect your welfare, your assets, and your loved ones is by working with the experienced choice in estate planning: Wiles Law Firm, LLC.

When you become our client, we will take the time to listen to your concerns and tailor our advice and guidance to your needs. By taking the stress out of the process, you will have the peace of mind of knowing your wishes will be faithfully carried out. Our legal team provides comprehensive, cost-effective services and will work tirelessly to ensure that your interests are protected. Please contact our office today to set up a free consultation.

Wiles Law Firm, LLC helps clients with their estate planning needs in Charleston, South Carolina and the surrounding areas such as West Ashley, Summerville, North Charleston, Mount Pleasant, and John's Island.

Information on this website is not legal advice. Further, viewing of the enclosed information does not create an attorney-client relationship with Wiles Law Firm, LLC. Matters will be handled by attorneys who primarily practice out of our office in Charleston County located at 852 Lowcountry Blvd., Ste. 101, Mt. Pleasant, SC 29464. M. Emerson Wiles, III is the attorney responsible for this advertisement.

Any result Wiles Law Firm, LLC may achieve on behalf of one client in one particular matter does not necessarily indicate similar results can be obtained for other clients. Please contact a South Carolina estate planning attorney or one of our attorneys with Wiles Law Firm, LLC for a consultation regarding your unique estate plan.

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852 Lowcountry Blvd., Suite 101, Mount Pleasant, SC 29464
| Phone: 843-718-0232

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