The HIPAA Form is a separate document that specifically authorizes release of the client(s)' medical information to the persons designated in the form. On April 14, 2003, compliance requirements for privacy under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104-191, August 21, 1996, 110 Stat 1936, became effective. Based on our reading of HIPAA, it appears that a standard medical records release is sufficient to comply with HIPAA but, due to substantial penalties within HIPAA for release of medical information without compliance, there is considerable fear and resistance by health care staff in regard to release of health care information. Therefore, although not required, it may make clients' and their trustees' and agents' lives easier if a specific release authorizes release of information protected by HIPAA. 45 CFR 164.501 and 45 CFR 164.508(a) require that a separate release be issued for items like notes from counseling sessions or clinical test results, so the scope of language in the release does not include psychotherapy.

Language authorizing release of medical information may be inserted into the power of attorney for health care itself. However, this approach requires re-execution of a document that is otherwise fine as initially signed (unless other changes in circumstance require an update). Additionally, state statute provides specific protections for statutory documents but it is possible that changing these statutory documents could jeopardize statutory protections. Using this separate form avoids these issues.

The HIPAA form is selected from the Supporting Documents menu in Phrase/Document Selection in the revocable trust, will, and third-party trustee modules of Trust Plus. After selecting the document the user is prompted to identify those from whom HIPAA information may be released.

Additionally, within the revocable trust and third-party trustee modules, the trust agreement itself includes a paragraph in Article 5 under the Incapacity of Grantor paragraph which authorizes release of information to the person(s) designated as successor trustee(s) even if that person has not yet been appointed successor trustee.