When people think about estate planning, they tend to focus on the big-picture documents: wills, trusts, powers of attorney. But one of the most overlooked—and most important—components of a complete estate plan is the HIPAA release.
If your estate plan doesn’t include one, it may not work the way you hope when your loved ones need it most.
What Is a HIPAA Release?
HIPAA, the Health Insurance Portability and Accountability Act, is the federal law designed to protect your private medical information. It prohibits healthcare providers from sharing your health records or even discussing your condition with others unless you’ve given written permission.
That means that even if you’ve appointed someone as your medical decision-maker through an advance directive, they could still be denied access to vital information if a HIPAA release isn’t in place.
Why It Matters in an Emergency
In a medical emergency, your family or close friends may need to step in quickly. They may need to speak to doctors, review test results, or get updates on your condition. Without a HIPAA release, the law may prevent them from doing any of that—even if their only goal is to help you.
This can lead to confusion, delay, and frustration at a time when clarity and timely action are crucial.
A HIPAA Release Complements Your Other Documents
Both Maryland and D.C. recognize the need for clear, legally valid health care planning documents. A well-prepared estate plan typically includes:
- A Durable Power of Attorney – for managing financial matters.
- An Advance Directive – for making health care decisions if you become incapacitated.
- And a HIPAA Release – to ensure your health care agents, family members, or trusted individuals can actually access the medical information they need to act on your behalf.
Without the HIPAA release, even the best-drafted medical directive can be difficult to implement.
Who Should You Name?
Your HIPAA release can authorize one or more people to access your protected health information. Most often, clients name the same individuals they’ve appointed as health care agents or family members they trust to stay informed.
You can also include language that allows access in specific situations, or to specific types of records, depending on your preferences.
Don’t Let Privacy Laws Work Against You
Privacy laws are important—but when it comes to estate planning, you want them working with your plan, not against it. A properly executed HIPAA release bridges the gap between your legal documents and the practical realities of modern health care.
At Gentile Property Law Office, LLC, we include a HIPAA release as a standard part of every estate plan we prepare. It’s a simple document, but it makes a big difference when it counts.
This post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For advice specific to your situation, please contact Gentile Property Law Office, LLC.
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