FAQ: Are Advance Directives Compliant with HIPAA?
[Posted 05/13/04]

CMA has received calls from physicians and other caregivers who have heard rumors that existing Advance Health Care Directives (or living wills) are invalidated by HIPAA’s privacy rule, and that patients need to fill out new HIPAA-compliant ones. This is simply not true. Unfortunately, some lawyers are spreading this misinformation among clients to drum up new business.

Nothing in the privacy rule regulations changes the way in which an individual grants another person power of attorney for health care decisions. The U.S. Department of Health and Human Services has confirmed on its website that state law regarding health care power of attorney continues to apply.

In California, the Health Care Decisions Law, which was adopted in 2000, reaffirmed the Advance Health Care Directive as the legally recognized format for a living will in California. An advance directive enables an individual to make sure that his or her health care wishes are known in advance and considered if for any reason the person is unable to speak for him or herself. An advance directive also allows a patient to appoint a health care “agent” who will have legal authority to make health care decisions in the event that patient is incapacitated.

For more information on advance directives, see CMA’s Advance Health Care Directive Kit. The kit, available in both English and Spanish, includes an Advance Health Care Directive form and answers many of the most frequently asked questions about this issue.

CMA and most other health care authorities encourage physicians to discuss the use of advance directives with their patients and to keep a supply of forms in their office for patient use.

Advance Health Care Directive Kits can be purchased for $5 each at CMA’s online bookstore. Members receive a 15 percent discount on orders of 10 or more kits. (To receive your member discount, be sure to log in before you place the items in your shopping cart.) Special discounts are available for bulk purchases of 200 or more.

For more information on bulk purchases, call CMA’s publications line, 800/882-1262.

Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.