Smart Law Blog

Generally, an Advance Healthcare Directive is a document that can be created to “direct” the type of healthcare a person wants and does not want in the event that the person loses the capacity to make healthcare decisions.

An Advance Healthcare Directive is sometimes referred to as a living will, a personal directive, an advance decision, an advance directive, or a medical directive.

In most cases, doctors present various healthcare choices to their patients. For example, you can decide if you want to have a particular procedure or not. An Advance Healthcare Directive becomes useful when a person is not able to make decisions due to a lack of capacity to make decisions.

Without an Advance Healthcare Directive, if a person becomes incapacitated and thereby unable to make healthcare decisions, doctors will typically look to family members to make difficult decisions about a person’s healthcare.

Using an Advance Healthcare Directive, a person can decide in advance what types of treatment and life support procedures are wanted and not wanted if the person is incapacitated. Here, a person may decide to include specific directions in an Advance Healthcare Directive for financial, insurance, for personal reasons, or to relieve family members from making difficult healthcare decisions in the event the person is incapacitated.

Another option with an Advance Healthcare Directive can be to appoint a specific person, and agent, that will make healthcare decisions in the event of incapacity.

Upon completing an Advance Healthcare Directive, copies should be given to any agents, family members, and current doctors. Your original copy of the document can be stored with other important papers. Those interested in an Advance Healthcare Directive should consult with a local, qualified, and experienced lawyer, as there are many options and drafting consideration in an Advance Healthcare Directive. To find the right lawyer to help with an Advance Healthcare Directive, contact SmartLaw.

The HIPAA Privacy Rule is a federal law. This federal law gives you rights regarding your health information and provides rules and limits on who can receive and look at your health information. The Privacy Rule is applicable to all types of an individuals’ protected health information, whether that information is electronic, oral, or written.

The HIPAA Security Rule, though also a federal law, is different from the HIPAA Privacy Rule. The HIPAA Security Rule requires security for health information specifically in electronic form.

If you believe that a covered entity has violated your health information privacy rights or committed another violation under the HIPAA Privacy, Security, and Breach Notification Rules or the Patient Safety Act and Rule, you may file a complaint with the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR). Here, the OCR can investigate complaints against relevant entities and their associates.

The following list includes some examples of covered entities that are required to meet the requirements of the federal Privacy, Security and Breach Notification Rules:
Health Plans
Health care clearinghouses
Health care providers that conduct a portion of their business electronically using a HIPAA covered transaction.