Privacy Health Wills, Trusts, & Estate Planning

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Health Care E-Note - September 2016

In an article published in the September 2016 MASA Newsletter, Jim Hoover and Angie Cameron Smith discuss how physicians should properly respond to subpoenas and requests for patients’ health information. They stress how...more

Access to College-Age Child's Health Care Information in a Medical Emergency

It’s hard to imagine what could be more frightening to a parent than to hear his or her child has experienced a medical emergency. But what if your child’s doctor refuses to speak with you about your child’s illness or...more

Will you be shut-out if your college-age child has a medical emergency?

The time when a child goes off to college can be a stressful time for any parent. You know that you are giving up substantial control over your child’s safety and choices, but you may be relinquishing even more control than...more

Blog: HIPAA FAQ Series: Does HIPAA Protect the PHI of Deceased Individuals?

In order to protect the privacy and security of patients’ information, the Health Insurance Portability and Accountability Act (HIPAA) imposes substantial obligations on covered entities (certain providers, plans, and health...more

And They’re Off!! The Maryland Legislative Session Has Begun

Maryland has begun its legislative session and PK Law is monitoring bills of interest. Bear in mind that the session is early on and many changes may take place during the 90 days the General Assembly is seated. Here are...more

HIPAA Considerations In The Event Of Employee Death or Incapacitation

The Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA, acts in part to provide federal protection for identifiable health information retained by covered entities, which includes most...more

Is a human corpse property that can be made the subject of a trust?

While a pet may be put into a trust, its human owner may not be. Nor under traditional principles of property and trust law may the corpse of a deceased human being be made the subject of a trust. Charles E. Rounds, Jr.,...more

Trustee Alert – HIPAA EDI Certification Proposed Rule

The Trust's business associates who perform electronic transactions on its behalf are required to follow certain HIPAA standards and operating rules. A recently published proposed rule introduces a new requirement to submit...more

Nursing Homes Must Abide by HIPAA Rules When Disclosing Deceased Resident PHI

The Health Insurance Portability and Accountability Act (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) contains the HIPAA Privacy and Security rules....more

Florida Medical Record Disclosure Law Preempted by HIPAA

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

Health Law: Family Feud Redux - The Release of Information to Family Members - HIPAA 164.510(B) & the New Standard

It has always been difficult to make determinations regarding what information can be provided to a family member once a patient or long-term care resident has passed away....more

Proper Charting For Advanced Directives

The importance of advanced directives are covered from the definition to living wills,durable power of attorney and more.The AD is one of the single most important decision you will ever make in your lifetime so it needs to...more

A legacy of Terri Schiavo: More interest in living wills

Boomer or not, living wills are an essential part of responsible planning. The Terry Schiavo case provides the lessons learned from failing to have a living will in place....more

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