What is HIPAA and why should I be concerned about it?

The HIPAA (Health Insurance Portability and Accountability Act) regulations require that every patient sign a consent form, which gives providers permission to use and disclose a patient's protected health information (PHI) for the purpose of treatment, payment and health care operations. If patients refuse to sign this consent form, providers are not required to treat them in most cases. In fact, it probably would be next to impossible for a caregiver to do so without having access to critical facts about the patients' condition. Your estate planning documents including your power of attorney and your revocable living trust should address the HIPAA requirements and allow those you have chosen to permit disclosure of your health care information.