Minnesota Health Care Directive- Disclosure of Health Information Governed by Hipaa

Minnesota Health Care Directive- Disclosure of Health Information Governed by Hipaa

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.

Here this nice Video about health care

OnJuly 23, 2007, CNN and YouTube partnered to sponsor the first Democratic primary debate of the 2008 election cycle. Questions were asked by citizens from around the country by uploading personal videos to the YouTube website.

Find your answer for your own question related to health care

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52 Responses to “Minnesota Health Care Directive- Disclosure of Health Information Governed by Hipaa”

  1. BlueTunisia says:

    YES!!! Speak the TRUTH!!

    The people have the power to change the world! NOT THE GOVERNMENT!!

  2. tqmekouar says:

    Wow, The right wing are good at bringing good looking woman to debunk the health care change, I’m sold, even if I pay 16000 a year for insurance yet they still deny me coverage a left and right, every turn.
    is that the free market you are trying to defend.

  3. SpaceBear says:

    They have a 100 percent covered plan for them and their families for life (assuming they serve at least 6 years), along with an excellent pension plan for life.

    They will care about the crisis if it is something the voters want! After all, if they are not acting in the interest of the voters, they will lose their seat and their health care plan.

    Unfortunately, there is so much disagreement between the "left" and the "right" that it is difficult for congress to do anything. In addition, many people (even those who truly need health care reforms) vote based on moral values, leaving health care to be ignored.

  4. And look how well government runs:

    - Post Office: chaos management; incompetence
    - DMV: worse than post office
    - Military: powerful yes, but consumes ridiculous amounts of our budget for Iraq-quality results.
    - Veteran’s Affairs: those who served our country deserve better
    - IRS: loophole-city for the rich
    - TSA: a bottleneck with items still smuggled (luckily, smugglers are only showing TSA ineffectiveness)
    - Education: K-12=disgrace.

    So you want health US care?
    HELL NO! So say we all!

  5. Ashley A says:

    Okay if you won't have any clinical skills or any managerial/administration skills, just what will you do? You'll have a lot of knowledge but nothing to do with it.

  6. Keep up the good work, Shelly!

    You’re absolutely correct. This so-called reform of healthcare is going to BANKRUPT our nation. It’s time to deluge Congress with our letters and phone calls of opposition.

  7. Ambition says:

    we just hired two people in the compliance department at the hospital where I work. Neither had experience in compliance but lots of experience in healthcare. Keep watching for job opportunities, read as much as you can about compliance – the regulations seem to change daily!

  8. 2100km says:

    DaSouth123
    Yeah, you’re actually wrong about that. I work at a hospital. Stop making things up.

  9. Evee says:

    I've encountered a payroll services company that also manages pre-tax health savings or spending accounts for small and mid-sized companies. You might check them out. PrimePay is the name of the company.

  10. BDbots72 says:

    Amazing. Nursing is like the best profession out there. There are so many sub-specialties in all professional areas.

    There are about 100 different nursing specialties. See below for the list. I know that doesn't completely answer you question, but the list can give you some ideas. Research, for instance, or Business Administration, There the CSI angle, but the TV show seems to make it more glamorous than it probably really is. Then there are legal nurse consultants.

    You can find a list of the highest paying nursing specialties here on the right hand column: http://www.jobs-in-registered-nursing.com/nursing-specialities/index.php

    Another approach is to see what all the nursing schools offer.

    You can find a list of all nursing schools here: http://www.my-nursing-career.com/nursing-degrees/index.html.

    Since you already have your degree, the online option is a good one. You'd be amazed at what is available for nurses online. Check out the nursing degree search here: http://www.my-nursing-career.com/index.php

    List of nursing specialties:

    * Ambulatory care nursing
    * Advanced practice nursing
    * Behavioral health nursing
    * Burn nursing
    * Camp nursing
    * Cardiac nursing
    * Cardiac catheter laboratory nursing
    * Case management
    * Clinical nurse specialist
    * Clinical research nurse
    * Community health nursing
    * Correctional nursing
    * Critical care nursing
    * Developmental disabilities nursing
    * District nursing
    * Emergency nursing
    * Environmental Health nursing
    * Flight nursing
    * Forensic nursing
    * Gastroenterology nursing
    * Genetics nursing
    * Geriatric nursing
    * Health visiting
    * Hematology oncology nursing
    * HIV/AIDS nursing
    * Home health nursing
    * Hospice nursing
    * Hyperbaric Oxygen Therapy Nursing
    * Intavenous therapy nursing
    * Infectious disease nursing
    * Legal nursing
    * Legal Nurse Investigator
    * Maternal-child nursing
    * Matron
    * Medical-surgical nursing
    * Military and uniformed services nursing
    * Neonatal nursing
    * Neuro-surgical nursing
    * Nurse anesthetist
    * Nurse-midwife
    * Nurse practitioner
    * Nursing educator
    * Nursing informatics
    * Nursing management
    * Obstetrics gynecology nursing
    * Occupational health nursing
    * Oncology nursing
    * Operating room nursing
    * Orthopaedic nursing
    * Ostomy nursing
    * Pain management and palliative care nursing
    * Pediatric nursing
    * Perianesthesia nursing
    * Perioperative nursing
    * Plastic and reconstructive surgical nursing
    * Private duty nursing
    * Psychiatric or mental health nursing
    * Public health
    * Pulmonary nursing
    * Quality improvement
    * Radiology nursing
    * Rehabilitation nursing
    * Renal dialysis nursing
    * Renal nursing
    * Research
    * School nursing
    * Sub-acute nursing
    * Substance abuse nursing
    * Surgical Nursing
    * Telenursing
    * Telemetry nursing
    * Telephone triage nursing
    * Transplantation nursing
    * Travel nursing
    * Urology nursing
    * Utilization management
    * Wound care

  11. Doctors focused on treating patients, without the red tape and threat of lawsuits that plague the profession today. Most Americans paid cash for basic services, and had insurance only for major illnesses and accidents. This meant both doctors and patients had an incentive to keep costs down, as the patient was directly responsible for payment, rather than an HMO or government program.

  12. Tyler S says:

    You need to talk with a local agent that works with all of the major companies in your area. Insurance companies and the plans they offer will vary from state to state and the premium with any one plan can vary by zip code.

    At 22 if you are in good health you should be able to find a catastrophic plan for less than $100 in most states and a comprehensive plan shouldn't be much more than $100.

    The agent will be able to explain what you need to know – there is not enough space here to tell you everything. You'll need to know about the deductible, the co-insurance, the co-pays and what is covered with the co-pay, what procedures are and are not subject to the deductible, what is excluded from the plans, which doctors accept the plans, the different types of plans and how they operate, the prescription coverage if any, and much more. There is no extra charge using an agent.

  13. vinceletter says:

    We must do what we can to stop this madness. But gold/silver is the best insurance protection against this BushObama stupidity train that we are on.

    On a lighter note, Battles Star Galactica started out good but the story get really weak with every season. Babylon 5, on the other hand started out a little weak, but was very good after season 2.

  14. bdunc295 says:

    ~~This is a mute point because Nationalized insurance is not in the works. All the government is proposing is an alternative for people who can't get employer based insurance to be able to buy directly from the same insurance that senators and congressmen get. Otherwise, business as usual for private insurance companies.~~

  15. xxall3yxx says:

    I am currently researching grants to non-profit organizations in order to find funding for parent support groups for parents of children with disabilities, and would be glad to forward m Excell Spreadsheet on
    Grants to those providing their e-mail address.

    I know that insurance companies like Blue Cross and Aetna have set-up foundations to provide grants to non-profits engaged in educating young people in healthcare matters.

    my email:

    abelke59@yahoo.com

  16. Here's something to think about: according to the census bureau, of the 47 million or so that are uninsured almost 10 million are illegal immigrants, 8 million make over 75,000 a year, another 8 million make over 50,000 a year, and 14 million qualify for medic-aid or medicare but do not apply. Hmmm. makes you think that maybe our system isn't so bad after all. So Obama needs to quit with his fear mongering and quit lying to us. There are a lot of unemployed, but 47 million is very misleading. Give us a real number!

    Also the idea is that by giving health care to everyone, businesses don't have to pay for it, and then they can give more jobs, increase profit, and help the economy. Which sounds great, if you're stupid. Since Universal health care is insanely expensive, guess who pays for it? raised taxes on business and on the rich, (and apparently companies that aren't green). So it's basically a beat-around the the bush way to distribute wealth. And ask yourself this? Is it a good idea to take from from the rich? Take money from a poor man, and he becomes poorer, take money from a rich man, and he goes to work and fires his workers. So which is worse? MAYBE GOVERNMENT JUST SHOULDN'T TAKE PEOPLES MONEY!

  17. They don't and this is why i think mccains strategy to win is flawless.He's running so much negative stuff on obama until obama has to spend most of his time defending himself thus meaning mccain has yet to talk about his plans for the economy,healthcare or any of that stuff.And to think people have the nerve to say whats obama's plan.Whats Mccains except talking about war?

  18. librophile says:

    MotwonMoleman…

    I don’t know which INSURANCE COMPANY you work for, but WE THE PEOPLE are no longer buying into your lies, smear & fear propaganda a la “FoxNews”.

    PUBLIC GOVERNMENT RUN HEALTH CARE is what WE THE PEOPLE desperately need to bring the cost down.

    No more Insurance Companies who rake in billions in profit & pay huge bonuses to their CEO … on the back of the American Citizens.

    MotowMoleman … go sell your lying crap somewhere else … MORON !!

  19. Toad Face says:

    OMG…NO!!!!!!!!!

  20. rusirious13 says:

    No what we need is a system where doctors compete for our business; where individuals make their own healthcare decisions.

    The only thing worse than an oligopolistic bureaucrat deciding whether your procedure is worthwhile is a monopolistic bureaucrat deciding whether your procedure is worthwhile.

  21. John S says:

    Canada's healthcare isn't perfect. Neither is the US. From what I've heard from people who've moved from the US to Canada, quality of care and wait times are far better here in the US. Most people would rather pay for a higher standard of care and shorter wait times than move to a lower standard of care and far longer wait times for free. The fact that Canada is losing many of it's better doctors and nurses to the US should tell you something about the situation.
    I wouldn't want a socialized healthcare system period. What I would like to see is a reform in the US healthcare system, especially in terms of US insurance companies. In the words of Obama "why take a hatchet to something that only requires a scalpel"?

  22. mrrusss says:

    What I like about you are that you are easily led and you look like you could suck a mean dick. Maybe whoever is putting you up to this could use you for activities for which you are better suited. (Those that require more lips than a brain). BTW, nasty comments are a rather natural response to people who display an ignorant arrogance and do a poor job of disguising their stupidity.

  23. Exactly… dont vote for her. Amazingly enough, while on the Board of Walmart, she helped devise the current scheme to avoid providing health care to as many employees as possible…

  24. netjr says:

    think of the largest number you can – then raise that number to the 10th power

    do that for every year.

  25. It doesn't fail, almost every first world country has it setup as a system.

    Unless of course you view treatment of the poorer people a failure.

    The benefit to not treating a lot of people, is faster care for the wealthy.

    If you don't want to have universal health care, the government can step in and price fix medical procedures like they do in japan. It works okay for them. They can afford adequate medical treatment because the government forces it to be affordable, and the same prices in rural as in urban areas.

    The real problem with our system, coming from someone who has an entire family in medicine (Doctors, surgeons, nurses)…is the insurance companies. They buffer every side. The doctors, the hospital, the patients, everyone has to get insurance, and they are the ones forcing prices higher and higher.

  26. Fence Sitter says:

    Back in 1990, the Government seized the Mustang Ranch brothel in Nevada for tax evasion and, as required by law, tried to run it. They failed and it closed. Why would you trust the country's health care system to a pack of nit-wits who couldn't make money running a whore house and selling booze?

  27. librophile says:

    2100km …”the government is the reason health care is so expensive.”

    YOU’RE 100% WRONG !!

    Health Care is expensive because of Insurance Companies who rake in billions in profit each year, while paying their CEOs huge bonuses.

    PUBLIC HEALTH CARE removes the Greedy Insurance Companies from the picture … FINALLY.

    Go sell your Republican lies, fear & smear Propaganda elsewhere.

    WE THE PEOPLE are not buying your lying crap.

  28. loyal says:

    In any plan made by Clinton the only financial incentives are to put money in her personal bank account.

  29. But government already is involved in roughly two-thirds of all health care spending, through Medicare, Medicaid, and other programs.

  30. rosy says:

    Depending on where you live, it may be very similar. Health care management and administration deals much with the same tasks such as budgeting, marketing, meeting with stake holders, dealing with several of hospitals in your given area, organizing and managing the staff that are through various departments. They also are in charge of orchestrating different rules and regulations in process of discipline, hiring and firing etc. through various hospital regions.

    I will also provide you a couple of links that may explain things a little clearer to you regarding this.

    http://www.aaham.org/
    http://www.mshealthcareers.com/careers/healthcareadmin.htm
    http://www.healthmanagementcareers.org/careers.cfm
    http://www.ache.org/

    From what I could see, I believe that you would need a little bit higher than a diploma. It would be either a bachelors or a masters.

  31. directive21 says:

    Thanks for putting us as a sponsor, these videos are great!

    Berkey water filters
    directive21 . com

  32. mhstz says:

    I have seen Us gov. health care and how it works when your forced to use it. It is a nightmare you are really lucky to survive. I NEVER want to be forced to depend on US gov. hos. and doctors for health care again. I don’t want it.

  33. The lesson is clear: when government and other third parties get involved, health care costs spiral. The answer is not a system of outright socialized medicine, but rather a system that encourages everyone doctors, hospitals, patients, and drug companies to keep costs down. As long as somebody else is paying the bill, the bill will be too high.

  34. We should remember that HMOs did not arise because of free-market demand, but rather because of government mandates. The HMO Act of 1973 requires all but the smallest employers to offer their employees HMO coverage, and the tax code allows businesses but not individuals to deduct the cost of health insurance premiums. The result is the illogical coupling of employment and health insurance, which often leaves the unemployed without needed catastrophic coverage.

  35. Insanticus says:

    my god. theres another american out there with a brain? GOOD JOB girl keep it up.

  36. spectre0075 says:

    it shoulda taught you about Arnal Sex
    =O

  37. I worked in the Emergency Room for a long time. After awhile you learn that death is as much a part of life as life itself. Healthcare workers have free counseling at their disposal to help deal with those situations. Death is a part of living; I learned that one morning two years ago when I suffered a massive heart attack that should have killed me, I learned that three weeks ago when my friend died. Death is never easy to deal with; but when you're in the healtcare field you learn to keep your distance; you have to or it would kill you. I've seen children come in from drownings and baby's who were murdered at the hands of the very people who was suppose to protect them. Those, my friend, are the hardest deaths to deal with.

    Death is not something we accept but IT IS something we learn to live with.

  38. suad o says:

    If you have a really good health food store with knowledgeable people I would ask who they might know or suggest. Also the Internet site www. alternative medicine for Maine would hopefully give some info. Good Luck

  39. For decades, the U.S. healthcare system was the envy of the entire world. Not coincidentally, there was far less government involvement in medicine during this time. America had the finest doctors and hospitals, patients enjoyed high-quality, affordable medical care, and thousands of private charities provided health services for the poor.

  40. While many in Congress are happy to criticize HMOs today, the public never hears how the present system was imposed upon the American people by federal law. As usual, government intervention in the private market failed to deliver the promised benefits and caused unintended consequences, but Congress never blames itself for the problems created by bad laws. Instead, we are told more government in the form of universal coverage is the answer.

  41. rusirious13 says:

    FYI my comment was directed at librophile.

  42. As a member of the healthcare community, we are advised to not be judgemental towards patients. I take pride in being a non-judgemental providing care for all. Have I seen it? Yes. Do I like it? No. Will something be done about it? Hopefully, but probably not.

    The fact is, every patient is an individual. Each patient deserves unbiased care to make them as healthy as they can be.

  43. jl a says:

    Not for everyone, but for Medicare 77% costs occurred in the last year of life, 52% of them in the last 2 mo, and 40% in the last month, When you are old and become seriously ill, you are more likely to die than the seriously ill young.

  44. I actually can’t simultaneously watch at her and listen to what she says. Am I the only one with this problem?

  45. Free health care for all, excellent idea, works great int he EU.

    What position are the US on the life expectancy list again?

  46. So instead of disputing that our government CAN NOT effectively run ANYTHING, you make assumptions about my employer (wrong!) and my news network (also wrong). I assume you also will make racist remarks about my being as well as bigoted comments on my sexuality.

    So Librophile, you lack the ability to discuss a topic. This is probably a by-product of your crappy US education by unqualified tenured teachers. Keep believing in your Nazi government – it’ll never be.

  47. phelisha w says:

    In theory, health care manager try to provide the best coverage for the lowest cost. In practice, it seem that they tend to have some initial success in reducing some unnecessary cost, but occassionally their focus in reducing or avoiding costs results in major malpatience law suits.

  48. DiGGiT says:

    Why can people not understand the simple fact that there is no free lunch. Will doctors treat patients for free, can hospitals run without money. Will drug cos. give away medicines at no charge. Medical care is very expensive and someone has to pay for it. So called free health care will be paid by the government which does not have ANY money it did not first squeeze out of the tax payers. There is no hospital in the country that is allowed to turn away a sick person just because they have no money. Maybe they will not get world class care, but they will be treated.

  49. I agree with a lot of what Nemisis said, but I think I can simplify it even further.

    Insurance is gambling. How do we keep Casino's from getting more and more corrupt, like the insurance industry is?

    Caps on profits. If an insurance company had to pay out 90 cents of every dollar that it takes in, it would have to lower premiums. Pass transparent billing, enforce contract law and anti-trust laws. That is very important too, but if insurance companies were obligated to return a percentage of what they take in, not a percentage of net, but a percentage of each and every dollar they touch, health care costs would come down to a realistic level.

    One law, enforce the others. Done!

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