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anonymous594015 Asked May 2018

HIPAA release vs HCPOA. Do we need both?

In response to another question, someone mentioned that you might need a HIPAA authorization as well as a Health Care Power of Attorney for the doctor to speak with you. Can anyone confirm this? We have activated a HCPOA for our loved one. (I am not the HCPOA. I am the worrywart who looks down the road and says "Is this going to be a problem?") . Do we also need a HIPAA release? If so, who would sign it as the patient is no longer able to make decisions for herself?

anonymous594015 May 2018
Thank you so much. I will suggest that the HCPOA check to see if HIPAA authorization is already in the POA and, if not, get that paperwork done at all the doctors' offices. This board is so full of useful information!

JoAnn29 May 2018
I go with Nomad, my Moms POA read that I, her daughter was allowed to make decisions concerning her health. It also listed what she didn't want, like life supporting measures. HIPPA is when the patient requests that certain individuals can be given her health information. As Nomad said, she was able to do the HIPPA because her parent could no longer do it. I always put my daughter down as a person facilities could talk to. My POA was never questioned. It is on file at the local hospital, doctor offices and all facilities Mom was a resident.

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NomadSE May 2018
Believe it or not, as hcpoa for my mom I was the one who gave hippa release, so of course I added myself to the list of people with whom the docs could discuss my mom's health care.

AlfredR May 2018
While logic would say that a HCPOA is useless if the provider can't discuss the person's medical condition due to HIPAA rules, not all providers may see it that way. Unless there is a HIPAA waiver in the POA, the provider may balk at disclosing this information.

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