Health Blog

Posts Tagged ‘Information’

A lot of doctors do not keep track of health care articles, but in my opinion it is one of the most important things that a medical professional should do. After all, medical technology changes extremely quickly, and each new development could potentially mean life and death for a patient that you will have one day. If you do not read each and every health care article relevant to your field of expertise – and a good number of ones that are not directly related to your specialty – you may miss out on a crucial new development.

Many people assume that any article on health care that is of sufficient importance will eventually get into the mainstream press. Many doctors up only read health care articles when they get this far. In reality, however, it is quite possible for a health care article to never get that far even if it hails some important change or development in the health care industry. Perhaps it is only a preliminary study, or a new policy by one of the major health care providers. Either way, the health care article may contain a crucial fact that the doctor will never notice. As a doctor, you are responsible for your patients, and you cannot afford to take this risk. Reading all of the health care article magazines is the only way to make sure that you are always prepared.

Of course, not every health care article is going to be important. This is why many of the industry journals have abstracts at the beginning. Sometimes, it is enough to read all of the abstracts and skim the articles for important information. Perhaps a health care article only contains things that you have read before, or perhaps you can figure out all the information it contains from the abstract. In reality, no one has time to read every single health care article, and no one should be expected to. Nevertheless, I try to read at least two or three health care articles every single day. This may sound like a lot, but I actually enjoy it!

One of the best ways to keep up on articles about health care is to start a reading group. Each health care professional is required to read a certain health care article every week. Then they all meet once a week, have coffee, and discuss what they have read. Not only is this a way to find out more information, but it is also a great way to socialize.

A Minnesota Health Care Directive typically does not empower a health care agent to act on behalf of the principle until the principal lacks capacity to make those decisions.  That is why it is a good idea to include specific language within the Health Care Directive that addresses this issue.  Minnesota Section 145C.08 states that a health care agent acting pursuant to a health care directive has the same authority as the principal to receive, review and obtain copies of the medical records of the principal, and to consent to the disclosure of the medical records of the principal, unless the principal has specified otherwise in the health care directive.

Minnesota Statutes Sec. 145C.05 subdivision 2, clause c allows a principal to authorize a health care agent to make health care decisions for the principal even though the principal retains decision making capacity. Notwithstanding any provision in this health care directive to the contrary, and whether or not I have or retain decision making capacity for any other purpose, I hereby grant my health care agent, and any person named as successor or alternative health care agent in my health care directive, whether or not then acting as my principal health care agent, the authority to:  1) receive, review, obtain copies, and otherwise have access to and obtain disclosure of my health records and any protected health information held in any form, written or oral, regarding any past, present, or future medical or mental health condition, without limitation, by any of my health care providers as if my health care agent were me and 2) to be recognized as my personal representative under Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d by any health care provider, insurance company or health care clearinghouse that has provided treatment or services to me, or that has paid for or is seeking payment from me for such services, or is maintaining any protected information about me, and 3) to execute or otherwise provide specific authorizations or consents for the use and disclosure of my health records and my protected health information by my health care providers and to third parties for any purpose my health care agent deems advisable.  This authorization shall not expire and shall remain in effect as long as my health care directive remains in effect.

This example should not be used as a substitute for getting solid legal advice from a licensed attorney.  Every individual is different and has different needs.  Please consult a lawyer in your area to discuss your specific estate planning needs.