Physician's Directive and HIPAA Releases

The State of Texas provides a means to grant authority to make decisions and have access to medical records through specific statutes. The Physician's Directive controls life-sustaining treatment where a catastrophic injury has occurred, and becomes effective - meaning that life-sustaining treatment can be withdrawn - only when you become a "qualified patient." A qualified patient means a patient with a terminal or irreversible condition that has been diagnosed and certified in writing by the attending physician. For medical records, the Health Insurance Portability and Accountability Act, also known as HIPAA, was created in 1996 by the US Congress to protect the privacy of your health information. The act prohibits your health care providers from releasing your health care information unless you have provided your health care provider with a HIPAA release form.

Because you can never be sure of where your personal health will be impacted, it is important to consider having both a Physician's Directive to control your care following a catastrophic injury, and a HIPAA release to allow your records and health care information to be released to a loved one or legal professional.

Give me a call at (512) 743-1711 or email me at brent@burpeelaw.com and I can explain the process of writing and executing the Physician's Directive and HIPAA release, and as quickly as you provide your personal information and testamentary needs, we can begin to create a legal document that will effectuate that intent.