Protecting You
The Biggest Lesson Attorney Craig Hanson Learned After an Accident
The Health Insurance Portability and Accountability Act (HIPAA) is designed to protect against personal violations, but does it go too far sometimes? In this month’s column, attorney Craig Hersch examines this very idea. The full version of his Sanibel Island Sun column, “The Story of Uncle Benny,” can be found at FloridaEstatePlanning.com. (You can learn more about Benny’s story in the column!) HIPAA prohibits doctors and hospitals from discussing anyone’s medical condition or history without that person signing a release. To violate HIPAA could result in the doctor or hospital committing a federal crime. This leads me to the important document that everyone should have as a part of their estate plan: the general HIPAA waiver and release. Suppose you are in an automobile accident, are rushed to the hospital, but are unable to sign that hospital’s HIPAA waiver. The doctors and other hospital support personnel are prohibited under federal law from discussing your condition even with your spouse or children. I would agree this law is overzealous and borders on silly. And if you don’t believe that a hospital would limit your spouse’s access to you in such an event, take it from me ... More than a decade ago, while biking alone, a car hit me. I was actually on the Summerlin Road bike path when a car coming in or going out of a subdivision caused me to crash.
I don’t remember much about it. Whoever hit me fled the scene. A good Samaritan must have called 911 because I was unconscious. I began bleeding from my ears and had suffered skull fractures (my bicycle helmet saved my life). They named me as a John Doe in the helicopter since no one looked in my bike’s saddlebag where I kept a health insurance card exactly for this scenario. Eventually, I was able to tell them Patti’s name and cellphone number. She rushed to the hospital — where they wouldn’t let her see me. Why? Because I hadn’t signed a HIPAA waiver. Luckily, I have good friends who are doctors, and they helped Patti. But it was frustrating for her. After that incident, I decided to update my general estate planning portfolio for clients. I now include a standard HIPAA waiver and secure, mobile access to that waiver that allows each client to list any and all individuals he or she would want to receive their health status from doctors and hospitals in case they hadn’t signed that specific hospital’s waiver.
If this column prompted personal questions about your plans for medical care, please contact the Sheppard Law Firm today.
Cheer on your favorite team and chow down in minutes with this easy chili recipe!
INGREDIENTS
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2 lbs ground beef 2 tbsp chili powder
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2 16-oz cans diced tomatoes 2 16-oz cans small red beans 2 8-oz cans tomato sauce
1 tbsp Creole seasoning
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1 tsp ground cumin
DIRECTIONS 1. In a deep pot, brown the beef, stirring often. 2. Once beef is cooked, add chili powder, Creole seasoning, and cumin, cooking for 1 minute. 3. Stir in diced tomatoes, beans, and tomato sauce and bring the mixture to a boil. 4. After the mixture boils, reduce the heat to low and let chili simmer for 15 minutes. 5. Serve with toppings of choice, like cheese, sour cream, or chives.
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