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Choosing Who Will Handle Your Health Care Proxy (by Lynn Brenner) - Part III.
A Lawyer can also amend the standard Health Care Proxy to include a reference to the Health Insurance Portability and Accountability Act (HIPAA), the law passed in 1996 that went into effect this year, which restricts access to medical records. To make sure your agent gets access to your records, Russo likes adding the words, "I designate my agent to be my personal representative in compliance with federal HIPAA laws and regulations."
Discuss your wishes with your doctor, too. And if possible, says Russo, find out before being admitted to a hospital or a nursing home whether it honors these documents. Like many states, New York lets health care institutions refuse to terminate life support systems on religious grounds. But by law, the "institutions" are required to disclose this policy when they admit you.
"If you're already there, and they can't honor your directives, they're required to transfer you to a facility that can," adds Russo.
Copyright © 2004, Newsday, Inc.
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