When you’re receiving health care, you want to know that your PHI, or protected health information, is secure. Even so, there are times when you’ll want or need a HIPAA release. Whether you’re looking into estate planning or are dealing with a medical emergency, having a HIPAA authorization in place is vital. What Is HIPAA? The Health Insurance Portability and Accountability Act (HIPAA) of 1996 set up national standards for the protection of patients’ health information. In essence, this law keeps PHI from being disclosed without a patient’s knowledge or consent. This act even applies to close family members and partners. Violations can result in steep fines or even jail time, so healthcare providers tend to strictly adhere to this law. The act is a net positive for patients and keeps their protected health information safe and secure. With that said, there are provisions in place for PHI to be…
It is impossible to know if or when you will end up in a life-threatening medical condition, but you have the option to plan for such a dreadful event. By establishing an advance directive and living will, you can take some of the weight off of your loved ones and ensure that no one will have to guess your wishes regarding end-of-life care. Florida Advance Directives Florida law recognizes your right to make advance directives regarding your medical care in the event that you become incapacitated. You can dictate in a living will document what, if any, life-sustaining treatments or care you receive. You can also designate a healthcare surrogate to make those decisions on your behalf. Contemplating your options for such a distressing situation can be challenging and confusing. The experienced lawyers at Sawyer & Sawyer, P.A. can help you understand what type of decisions you might face if…
A good estate plan should include six important documents. Many clients are surprised to realize that three of these important components involve medical issues rather than financial ones. If your plan is missing one of these elements, your loved ones may have to deal with added legal expenses and delays, or they may be unable to assist you in an emergency. When you have these essential documents up-to-date, you can rest easy knowing that you have taken the right steps to prepare for the future. A Trust Can Be the Key to Security One or more trusts often serve as the cornerstone of a thorough estate plan. There are different types of trusts used to accomplish different goals. For instance, you might use: A revocable living trust to avoid probate An irrevocable asset protection trust to become eligible for long-term care assistance through Florida Medicaid A charitable remainder trust to…
With the coronavirus pandemic responsible for more than a hundred thousand deaths and disrupting life across the United States, the only way for the country to return to normal is an effective vaccine. When a vaccine is available, Medicare will cover the cost. Medicare covers vaccines in a variety of ways, depending on the vaccine. It may be through Medicare Part B, Medicare Part D, or a Medicare Advantage plan if you are enrolled in one. Part B covers vaccines only for certain illnesses: flu, pneumonia, and Hepatitis B (if you are at medium or high risk). Medicare covers 100 percent of the cost of these vaccines if you go to an approved provider, and you do not have to pay a deductible or coinsurance. Medicare Advantage is also required to provide these vaccines at no additional costs. Part B also covers vaccines if you are exposed to a dangerous virus…
Medigap policies that supplement Medicare’s basic coverage can cost vastly different amounts, depending on the company selling the policy, according to a new study. The findings highlight the importance of shopping around before purchasing a policy. When you first become eligible for Medicare, you may purchase a Medigap policy from a private insurer to supplement Medicare’s coverage and plug some or virtually all of Medicare’s coverage gaps. You can currently choose one of eight Medigap plans that are identified by letters A, B, D, G, K, L, M, and N (If you were eligible for Medicare before January 1, 2020, but not enrolled, you may also be able to purchase Plans C and F, but those plans are no longer available to people who are newly eligible for Medicare). Each plan package offers a different menu of benefits, allowing purchasers to choose the combination that is right for them. While…
We have a client whose child was in his first year of college. One day, the client received a call from the residence hall supervisor that their child was transported to the emergency room after a night of heavy drinking. Our client immediately called the hospital for an update. Unfortunately, the hospital legally could not provide any information about the child’s condition because the child was over the age of majority (18 years of age in Florida). Of course, this was frustrating for the client as they pay the child’s tuition, claimed the child as a dependent for tax purposes, and included the child on their medical plan. Our client quickly learned that as the natural parent, once the child turns 18 years old, the parent can’t make healthcare decisions or get personal information without certain legal documents in place. Legal planning documents are not the first thing most people…
The coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. This has raised questions about how the virus has influenced the costs and provision of long-term care insurance, which covers care in facilities and sometimes at home as well. If you have a long-term care insurance policy, you may wonder how it is affected by the pandemic. If you don’t have a policy, you may wonder if the pandemic will make it more difficult to get one. An article by US News and World Report, examines issues with long-term care insurance that have arisen in the last few months, including the following: Qualifying for insurance. It is already more difficult to qualify for long-term care insurance the older you get. Because older individuals are at a higher risk for coronavirus, this can affect your long-term care application as well….