When your child heads off to college, it is a time of significant change for both of you. As they enter adulthood, you might not realize that your ability to help them in times of need changes, too, especially regarding their medical information. In Texas, turning 18 means your child is legally an adult, which impacts your access to their health status or medical records due to HIPAA laws. Below, our Texas estate planning attorneys discuss the importance of HIPAA authorization for parents of a college student and how to get one.
What Is HIPAA?
HIPAA stands for the Health Insurance Portability and Accountability Act. This federal law protects the privacy of an adult’s medical information. At its core, HIPAA legally prohibits your medical providers from sharing your medical information with anyone without your explicit consent.
HIPAA’s protections are especially relevant as individuals reach the age of 18. When your child turns 18 in Texas, they are considered an adult under the law. As an adult, HIPAA’s protections fully apply to them.
At this milestone, parents are no longer automatically authorized to access their child’s medical records or make decisions on their behalf without explicit permission through a HIPAA authorization form or other legal arrangements like a medical power of attorney.
Why Is a HIPAA Release Important for Parents of College Students?
HIPAA protects patients’ privacy and rights. However, it may feel like a barrier to information for concerned parents, especially in emergencies. We recommend open communication with your college student about why having HIPAA authorization is essential.
When your child turns 18, their healthcare providers can no longer share your child’s medical information or medical records with you without your child’s consent. It may come as a surprise, but without a HIPAA release, you may not even be able to get information about your child’s health status in an emergency.
A HIPAA release allows your child to grant permission to healthcare providers to discuss their medical information with selected individuals, typically parents or other trusted loved ones. By having your child sign a HIPAA release, their doctors can talk to you, and you can access their medical records. Access to your child’s medical information can be critical in a medical emergency when they cannot update you or you need to make informed decisions about their care.
Your college student can choose which information to share depending on their comfort level. This allows for their privacy while allowing you the access you may need to support them in emergencies.
Estate Plan Express: Get Essential Legal Documents for Your College Student
At Warren & Migliaccio, we offer a convenient online estate planning service for Texans, including students coming to Texas for college, called Estate Plan Express. With Estate Plan Express, you can get essential legal documents prepared by an experienced lawyer from the comfort of your home at a flat fee.
Along with a HIPAA release, you get three other essential legal documents, all at a flat fee. Beyond the HIPAA release, our online service includes the following documents:
- Medical power of attorney. A medical power of attorney is a legal document that allows your child to appoint you or another loved one to make medical decisions on their behalf if they cannot. If your child selects you, you are their medical agent. It ensures that in emergencies, you can talk to their doctors and advocate for them in healthcare decisions.
- Financial power of attorney. A financial power of attorney is a legal document that allows your child to appoint you or another loved one to manage their financial matters. As your child’s financial agent, you may access their bank accounts, pay their bills, sign their taxes, and help them with other financial obligations to help them keep their finances on track. Your child can choose whether the document is effective immediately or only if they are incapacitated.
- Will. While discussing a will for your college student might seem premature, without one, Texas law will distribute your child’s estate in the event of a tragedy. Your child may have possessions they want to leave to certain people. A will can guide you during a devastating time, ensuring you respect and follow your child’s wishes.
Having these documents can ensure that your college student is protected in an emergency and that you can legally assist them when they need it most.
How Our Estate Plan Express Service Works
Using our Estate Plan Express service to get a prepared HIPAA authorization form and estate plan for your college student is straightforward. You can take the following steps:
- Visit our online estate planning portal.
- Create and register an account on our portal to access a guided questionnaire.
- Work with your child to fill out and submit the questionnaire.
- Wait for our experienced attorney to review your questionnaire and prepare your child’s simple estate plan.
- Receive the prepared documents through our online portal.
- Legally execute the documents with a notary and witnesses, if needed.
We will provide you with instructions about how to legally execute your documents at your convenience. This step finalizes your college student’s estate plan, so the documents are ready to use if needed. If the documents need any updates, we offer free revisions for six months, excluding converting to a new plan.
Protect Your Texas College Student Today With a Simple Estate Plan
Are you ready to take the next step in protecting your college student in unexpected emergencies and the future? Our Texas estate planning lawyers are here to help you.
With our online estate planning service, you get Texas-compliant legal documents prepared by our experienced estate planning lawyer. In as little as 15 minutes, you and your child can fill out and submit a guided questionnaire that provides us with the information we need to get started on your child’s estate plan.
If you have questions about how we can help, we welcome you to schedule a consultation with us. We are happy to answer your legal questions during a consultation. Call us at (888) 584-9614 or contact us online.
