HIPAA / CMIA
The Health Insurance Portability and Accountability Act (HIPAA) is federal legislation that was enacted in 1996, but authorized regulations that became effective in April of 2003. Those regulations severely limit your doctor’s ability to release medical information about you, and there are severe penalties if your doctor violates the HIPAA regulations.
Additionally, the California Medical Information Act (CMIA) layers on additional privacy regulations, for which further restrict your doctor’s ability to release medical information about you.
Without a California compliant HIPAA waiver, there is a high likelihood that your successor trustee will be unable to get the two doctors’ letters…
How These Regulations Impact You
These regulation changes are particularly important, because in order for your estate plan to work if you become incapacitated, your next trustee will need to have two doctors each write a letter stating that you are incapacitated.
Without a California compliant HIPAA waiver, there is a high likelihood that your successor trustee will be unable to get the two doctors’ letters, and a court-appointed conservatorship may be necessary to transition control of your assets to your successor trustee. The cost of a court appointed conservatorship can range between $5,000 and $15,000.
What is an HIPAA Waiver? Watch this video to gain a deeper understanding of its importance.
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