Health Care Proxies and HIPAA Authorization: Protecting Your Medical Decisions in Texas
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In addition to managing financial matters, estate planning should also account for health care decisions. In Texas, health care proxies and HIPAA authorization forms are essential documents that allow you to appoint someone to make medical decisions for you if you are unable to do so. These documents ensure your wishes are respected and that your loved ones are able to make informed decisions on your behalf.
What is a Health Care Proxy?
A health care proxy is a document that allows you to appoint someone, often a family member, to make medical decisions on your behalf if you are incapacitated. This individual, known as your agent, is authorized to communicate with doctors, hospitals, and other health care providers.
Example:
George Costanza may be incapacitated due to an accident or illness and unable to communicate his medical needs. By appointing his son, Seven, as his health care proxy, Seven can make decisions such as whether George should undergo a specific treatment, surgery, or end-of-life care.
What is HIPAA Authorization?
The Health Insurance Portability and Accountability Act (HIPAA) restricts access to medical records without patient consent. A HIPAA authorization form allows your health care agent to access your medical records and discuss your condition with medical professionals, even if they are not yet acting as your health care proxy.
Texas Statutes and Case Law
In Texas, health care proxies are governed by the Texas Health Care Code (Chapter 166, Subchapter D). The law allows you to appoint a health care proxy, who will have the authority to make medical decisions if you are unable to do so. Under Section 166.164, the health care proxy can make life-sustaining treatment decisions in the event of a medical emergency.
In In re Guardianship of L.D.B., 405 S.W.3d 801 (Tex. App.—Houston [1st Dist.] 2013), the court emphasized the importance of properly executed health care directives and HIPAA authorizations, ensuring that the patient’s wishes are upheld.
Why This Is Important for Texans
Texans value personal autonomy, and health care proxies and HIPAA authorizations ensure that their wishes regarding medical care are respected. These documents are especially important given the growing elderly population in Texas, as many people may face medical emergencies that require quick decision-making. Having these documents in place ensures that you are not left vulnerable if a health crisis arises.
About Huenefeld Law, PLLC
Huenefeld Law, PLLC is a Texas law firm based in Longview, Texas, dedicated to helping individuals and businesses with their legal needs. We specialize in estate planning, business planning, asset protection, elder law, tax litigation, and business formation services.
Whether you prefer in-person consultations or the convenience of online meetings, we tailor our services to fit your busy schedule. Ready to plan for the future or protect your assets? Contact us today to schedule your free consultation and let us help you navigate your legal journey with confidence.
