The Health Insurance Portability and Accountability Act (HIPAA) was enacted by the U.S. Congress in 1996. The standards are meant to improve the efficiency and effectiveness of the nation’s health care system by protecting the privacy of your Medical Records.

The law, however, has placed restrictions on family members accessing each other’s Medical Records.

The following disclosures do not need an individual’s permission:

• Those that are required by law.
  
  
• Those that are related to public health for health oversight activities.
  
  
• Those relating to specialized government functions, or reports to government agencies regarding abuse, neglect or domestic violence.

Additionally, disclosures made to law enforcement agencies for judicial and administrative proceedings, or to avert imminent threat to health or safety of a person or public do not require your authorization.

As you can see the government has covered its bases in accessing your Medical Records, have you?

Does your Last Will and Testament grant your Personal Representative access to your Medical Records?

Do your Financial and Medical Powers of Attorney have HIPAA overrides?

If you have a Trust, does your Successor Trustee have the express power to access your Medical Records?