Section 8.25 Health Insurance Portability and Accountability Act of 1996 Release

LibraryTrusts and Powers 2013 Supp

I. (§8.25) Health Insurance Portability and Accountability Act of 1996 Release

The Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. §§ 1320d et seq., has the potential to result in significant limitations on the release of medical information. The Act provides for substantial financial penalties and prison terms for knowingly releasing healthcare information.

Determining whether the principal is incapacitated is usually “built in” to a springing DPA in that incapacity of the...

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