healthcare proxy, HIPAA, and medical help needed?

Question

A friend is dying of cancer, and he can not remember the things the doctor tells him. He needs me to be his advocate, but the HIPAA regs keep the docs from talking to me. Is there a form which he can sign that lets them talk to me?

Answer 1

You need a Medical Power of Attorney. This supersedes HIPAA laws and you just show the medical people your copy of the Medical Power of Attorney and they can discuss with you any aspect of your friend's care plus you can accompany them to Dr appointments, drugstore, treatments, etc.

You can download the form off the net, have your friend sign it and then get it notarized and then this is no longer a problem. You can either look up the specific form for your state or use a generic form, but as long as it is notarized it will work fine. We used a generic form and paid no fee.

We care for an elderly relative and used to go through this situation all the time. Once all her medical providers have their copy of the Medical Power of Attorney then you have zero problems with this type situation. You do need to talk to your friend about his end of life wishes so you can clarify them if you are ever asked about resuscitation or being put on mechanical breathing devices, etc. You might want to help your friend with a Health Directive form at the same time as the Medical Power of Attorney so their end of life decisions are made in advance.

Here is one source for the form. There are many sources available and even many hospitals will have them on hand, along with a free Notary service. After getting it notarized keep a copy on your computer and then everytime you go to a new health care provider make sure and take them a copy already signed.

http://www.expertlaw.com/library/estate_planning/medical_power_of_attorney.html

Answer 2

Check his health care ID card. There is usually a customer service number on it. They will be able to send him out an "Authorization to release PHI" form which will enable him to release his Protected Health Information (PHI) to whomever he chooses. Once he authorizes you then you can talk to the health care insurer. As far as the hospital/doctors go they should have a release form also for him to sign.

Answer 3

yes. you should go and talk with a hospital social worker first for help. They should have the information you need.