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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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An Important Message
that got lost in the evil deeds . . .
If you don't have a Health Care Proxy, you should. It is a simple form that can be filled out and witnessed without going to a lawyer and paying lots and lots of money.
The New York State standard form can be found HERE. (just scroll down the page a bit to get to the link that will bring up a PDF file)
Do not waste time or money drawing up a living will (although a Last Will and Testament should be made) as it can conflict with a health care proxy, and is not generally recognized in New York.
Message edited 3/26/2012 5:12:24 PM.
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Posted 3/24/12 9:04 PM  |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: The Message
Thank you for sharing this!
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| Posted 3/25/12 9:19 AM |
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Reese32
LIF Adult
Member since 7/07 3631 total posts
Name:
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Re: The Message
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| Posted 3/25/12 11:06 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: The Message
Well done!
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| Posted 3/25/12 12:07 PM |
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Hofstra26
Love to Bake!
Member since 7/06 27915 total posts
Name:
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Re: The Message
Thanks! I actually didn't realize you could do this so easily so I appreciate the link. I've been telling DH for months that we need to get this done "just in case". Thank you!! 
eta- spelling
Message edited 3/25/2012 12:15:37 PM.
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| Posted 3/25/12 12:15 PM |
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ThePinkGoose
In Your Hands
Member since 8/08 4706 total posts
Name:
Nunya
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Re: The Message
Thank you!! Just spoke with DH about this and we will be taking care of it this week.
ETA: thanks for posting the link.
Message edited 3/25/2012 12:38:14 PM.
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| Posted 3/25/12 12:37 PM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: An Important Message
Bump (especially since the "other" thread is still here, and yes, I read all 17 pages).
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| Posted 3/26/12 5:12 PM |
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newbie00
LIF Adult
Member since 3/11 1191 total posts
Name:
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Re: An Important Message
Ok this may be a stupid question but for those of who are married....
isn't your spouse the one who makes the decision in the event a health care proxy isn't appointed?
If so, would it be pointless to appoint a health care proxy>
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| Posted 3/26/12 6:32 PM |
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KLSbear
LIF Adult
Member since 1/06 1908 total posts
Name:
Karen
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Re: An Important Message
Posted by newbie00
Ok this may be a stupid question but for those of who are married....
isn't your spouse the one who makes the decision in the event a health care proxy isn't appointed?
If so, would it be pointless to appoint a health care proxy>
I've been told that the will NOT tell the spouse unless you are able to give verbal permission to do so when you're hospitalized. If something dire happens and you're unable to speak for yourself you need to have a health care proxy or they will not share your information with anyone. They can't even tell anyone what is wrong and how you're doing.
DH's uncle was taken to the hospital recently. No spouse, so he had the doctor call his brother. Doctor gave info to the brother over the phone, DH and he rushed to the hospital, now the doctor that called had left for the day, the hospitalized uncle was sedated and sleeping, and the nurses would not give any information to his brother since the doctor that had the permission was now gone and the patient was asleep. When the uncle's son arrived, they would not even give him info. It's the HIPPA laws, they can't tell anything to anyone without the patient's permission.
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| Posted 3/26/12 6:40 PM |
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mrsboss
my little love
Member since 12/09 5054 total posts
Name:
Me
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Re: An Important Message
Posted by KLSbear
Posted by newbie00
Ok this may be a stupid question but for those of who are married....
isn't your spouse the one who makes the decision in the event a health care proxy isn't appointed?
If so, would it be pointless to appoint a health care proxy>
I've been told that the will NOT tell the spouse unless you are able to give verbal permission to do so when you're hospitalized. If something dire happens and you're unable to speak for yourself you need to have a health care proxy or they will not share your information with anyone. They can't even tell anyone what is wrong and how you're doing.
DH's uncle was taken to the hospital recently. No spouse, so he had the doctor call his brother. Doctor gave info to the brother over the phone, DH and he rushed to the hospital, now the doctor that called had left for the day, the hospitalized uncle was sedated and sleeping, and the nurses would not give any information to his brother since the doctor that had the permission was now gone and the patient was asleep. When the uncle's son arrived, they would not even give him info. It's the HIPPA laws, they can't tell anything to anyone without the patient's permission.
I think you're mixing up a proxy vs a HIPAA compliant medical authorization. A healthcare proxy allows the "agent" to make medical decisions for you, should you be rendered incapacitated, or unable to sign the go ahead for the procedure. For instance, if you suffered a traumatic brain injury, and the surgeons needed the permission to to do a craniotomy, you the agent would have the power to sign off on it and give the go ahead.
A signed HIPAA compliant authorization allows release of your medical information and/or records.
In order to make financial/business decisions, you'd need to have a General durable power of attorney drawn up and witnessed.
I'm vaguely familiar with these items from work, and also because my family is dealing with all of these legalities as my mother is terminally ill and constantly hospitalized.
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| Posted 3/26/12 7:41 PM |
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drpepper318
MIR MIR MIR!
Member since 6/07 8274 total posts
Name:
me
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Re: An Important Message
Thanks!!! We really need to do this.
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| Posted 3/26/12 8:29 PM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: An Important Message
Posted by mrsboss
Posted by KLSbear
Posted by newbie00
Ok this may be a stupid question but for those of who are married....
isn't your spouse the one who makes the decision in the event a health care proxy isn't appointed?
If so, would it be pointless to appoint a health care proxy>
I've been told that the will NOT tell the spouse unless you are able to give verbal permission to do so when you're hospitalized. If something dire happens and you're unable to speak for yourself you need to have a health care proxy or they will not share your information with anyone. They can't even tell anyone what is wrong and how you're doing.
DH's uncle was taken to the hospital recently. No spouse, so he had the doctor call his brother. Doctor gave info to the brother over the phone, DH and he rushed to the hospital, now the doctor that called had left for the day, the hospitalized uncle was sedated and sleeping, and the nurses would not give any information to his brother since the doctor that had the permission was now gone and the patient was asleep. When the uncle's son arrived, they would not even give him info. It's the HIPPA laws, they can't tell anything to anyone without the patient's permission.
I think you're mixing up a proxy vs a HIPAA compliant medical authorization. A healthcare proxy allows the "agent" to make medical decisions for you, should you be rendered incapacitated, or unable to sign the go ahead for the procedure. For instance, if you suffered a traumatic brain injury, and the surgeons needed the permission to to do a craniotomy, you the agent would have the power to sign off on it and give the go ahead.
A signed HIPAA compliant authorization allows release of your medical information and/or records.
In order to make financial/business decisions, you'd need to have a General durable power of attorney drawn up and witnessed.
I'm vaguely familiar with these items from work, and also because my family is dealing with all of these legalities as my mother is terminally ill and constantly hospitalized.
It's actually sort of wrapped up together. If the health care proxy isn't HIPAA compliant it is difficult to make medical decisions on behalf of an incapacitated person, because the medical facility cannot release information. That is why many people have had to redo their HCP.
In answer to the OP's question - one would *think* that a spouse automatically gets to make medically decisions, but the Terry Schiavo case is but one example of family contradicting a spouse's directive in the absence of an actual written document authorizing an individual to act.
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| Posted 3/26/12 9:23 PM |
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lynnd126
LIF Adult
Member since 3/11 2630 total posts
Name:
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Re: An Important Message
Posted by KLSbear
Posted by newbie00
Ok this may be a stupid question but for those of who are married....
isn't your spouse the one who makes the decision in the event a health care proxy isn't appointed?
If so, would it be pointless to appoint a health care proxy>
I've been told that the will NOT tell the spouse unless you are able to give verbal permission to do so when you're hospitalized. If something dire happens and you're unable to speak for yourself you need to have a health care proxy or they will not share your information with anyone. They can't even tell anyone what is wrong and how you're doing.
DH's uncle was taken to the hospital recently. No spouse, so he had the doctor call his brother. Doctor gave info to the brother over the phone, DH and he rushed to the hospital, now the doctor that called had left for the day, the hospitalized uncle was sedated and sleeping, and the nurses would not give any information to his brother since the doctor that had the permission was now gone and the patient was asleep. When the uncle's son arrived, they would not even give him info. It's the HIPPA laws, they can't tell anything to anyone without the patient's permission.
No offense but I have had multiple scenarios in my family where the patient was unconscious etc. and never had a problem being apprised of the situation by the doctors. This story seems crazy (not saying you're lying, lol, just is unbelievable.
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| Posted 3/26/12 10:30 PM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: An Important Message
Posted by lynnd126
Posted by KLSbear
Posted by newbie00
Ok this may be a stupid question but for those of who are married....
isn't your spouse the one who makes the decision in the event a health care proxy isn't appointed?
If so, would it be pointless to appoint a health care proxy>
I've been told that the will NOT tell the spouse unless you are able to give verbal permission to do so when you're hospitalized. If something dire happens and you're unable to speak for yourself you need to have a health care proxy or they will not share your information with anyone. They can't even tell anyone what is wrong and how you're doing.
DH's uncle was taken to the hospital recently. No spouse, so he had the doctor call his brother. Doctor gave info to the brother over the phone, DH and he rushed to the hospital, now the doctor that called had left for the day, the hospitalized uncle was sedated and sleeping, and the nurses would not give any information to his brother since the doctor that had the permission was now gone and the patient was asleep. When the uncle's son arrived, they would not even give him info. It's the HIPPA laws, they can't tell anything to anyone without the patient's permission.
No offense but I have had multiple scenarios in my family where the patient was unconscious etc. and never had a problem being apprised of the situation by the doctors. This story seems crazy (not saying you're lying, lol, just is unbelievable.
Every time a doctor has given you information without a fully executed HIPAA release s/he is violating the law.
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| Posted 3/26/12 11:13 PM |
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tara73
carseat nerd
Member since 11/09 3669 total posts
Name:
Buttercup
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Re: An Important Message
Posted by DancinBarefoot
Every time a doctor has given you information without a fully executed HIPAA release s/he is violating the law.
No, that's not correct. The Dr or facility isn't violating HIPAA.
If you are incapacitated, the hospital doesn't need a HIPAA release to inform your family or discuss your care. It's not a violation of HIPAA per the OCR. However, each facility interprets HIPAA their own way. Some providers may have a more liberal interpretation of the rule, some more conservative. Their policies may exceed HIPAA's requirements, but it has to at least meet HIPAA's requirements. In addition, while HIPAA doesn't RESTRICT them from releasing the information, note that it also does not force them to, either.
http://www.hhs.gov/ocr/privacy/hipaa/faq/disclosures_to_friends_and_family/488.html
http://www.hhs.gov/ocr/privacy/hipaa/faq/disclosures_to_friends_and_family/531.html
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/consumer_ffg.pdf
In addition, states may have laws which are more restrictive than HIPAA. HIPAA provisions state that if a State's laws are more restrictive, then the State's law is the one to follow.
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| Posted 3/27/12 9:46 AM |
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