Next Gen / All Gen Protection is a topic near and dear to my heart. In the eyes of the law, when a young adult turns 18, parents/guardians no longer have the legal right to obtain medical information about the young adult even if they are under your insurance and/or you are paying the bill.
A medical provider can choose to disclose protected health information to a family member, even without the patient’s authorization, if, in her professional judgment, it serves the best interest of the patient. But providers often come down on the side of patient privacy, particularly if they have never met the family member. This comes into play especially when children are out of state for school.
Wise legal documents of importance for those 18 + are:
- HIPPA Release – Many health plans and health care providers are covered by the HIPPA Rule and must comply with the requirements. The HIPAA Privacy Rule created national standards to protect individuals’ medical records and other personal health information.
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It gives patients more control over their health information
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It sets boundaries on the use and release of health records
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It establishes appropriate safeguards that health care providers and others must achieve to protect the privacy of health information
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It holds violators accountable, with civil and criminal penalties that can be imposed if they violate patients’ privacy rights
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And it strikes a balance when public responsibility supports disclosure of some forms of data – for example, to protect public health
For out of state young adults, it makes sense to complete a HIPPA Authorization for the home state and away state. This document when completed on its own does not require an attorney. When it is included with the other documents below, it is recommended to confer with an attorney. To see HIPPA Release forms, here is a link from the HIPPA Journal HIPPA Journal
2. Medical Power of Attorney + Advanced Directive – These forms vary by state and have a variety of names – all meaning that you are naming someone to “speak for you” about healthcare decisions if you are unable to speak for yourself. It also helps you determine your care preferences. Attorneys provide these documents by state.
3. Durable Power of Attorney – This form allows you to designate someone to help you “take care of business”, i.e. finances! This POA gives permission for others to pay bills, access bank accounts, file tax returns, etc and the rules vary by state. Some states incorporate the Medical Power of Attorney into the Durable Power of Attorney. Attorneys help us navigate these forms.
To review the directives, AARP provides a link showing what is required by state: AARP Advanced Directives by State
These documents are here to protect us and guide us. They can be changed/updated at any time. Consider the practical implications for you and young adults – there is no time like the present to protect ourselves and those we love.
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