Medical care is very complicated these days. Healthcare “science” is really complex. It’s more than the dozens of pills we see advertisements for. It is a variety of medical treatments and not all doctors offer all treatments. When you want to know what is the best for you it calls for researching the medical condition. Then it involves the options your insurance covers. Note that some healthcare plans require “prior authorization” of the treatment. That does the insurance company will try to deny coverage in spite of your doctor’s order. Seniors often find that they can get better care if they have someone to act as their “healthcare agent.” It could be a child, a family member or a friend. So, here is how to get good medical care;.
The Healthcare System Requires Legal Documents
Why do you need a legal form? Healthcare is legally complex and regulated. Your healthcare information is legally protected and only available to people you authorize. Your healthcare insurance It is no longer “you and your doctor.” It’s you and “the approved physicians in your network” Your healthcare insurance program, public or private, is a huge entity. It is either a part of the federal government or a national corporation with headquarters who knows where. But that’s not the only reason you need legal form.
A HIPAA Release Is Not Enough
A “HIPAA” Release. That refers only to authority to talk to the doctor and receive specific information. That may not be enough for some corporate providers. You may need to grant specific authorization to see medical records under the Michigan Medical Records Act.
You need a healthcare power of attorney to authorize your “agent.”: See our FAQ: Healthcare Power of Attorney
What Can Your Authorized Agent Do?
First let us correct the wide-spread erroneous information about a healthcare power of attorney. Many websites say your healthcare agent may only act when you are “incapacitated.” That is wrong. You can and should have the authority of your healthcare agent be immediately effective.
Your agent can act for you, but not make medical decisions. That is your right. must have authority to make decisions. An example: your doctor says you have two options: surgery or physical therapy. You lean toward the therapy but have questions about the chances of success and the recovery time with the surgery option. You discuss it with your daughter and decide that you would like to try therapy first depending on the answers the doctor gives. With the above authority your agent can receive information but cannot relay your decisions. With a full healthcare power your agent could get the answer to your questions and then say “Doctor, we’re going to try therapy first.” The referral process would begin immediately and not have to wait until you can speak with the doctor.
The Medicare Mistake: Let’s go further with the example. You are making progress with therapy but then the agency says they have reached the limit of the Medicare authorization because you are no longer improving. The Medicare benefit will pay for treatment that maintains function. Your agent can file Medicare appeals so you can get the treatment you need.
Finally, you must give legal authority to each person who will help you during emergency. Family relation is NOT sufficient. Without specific authority your spouse has no authority to make medical decisons for you.
Answer: A Complete Healthcare Power of Attorney
All of the above is what a complete healthcare power of attorney accomplishes. It names your agents and states what authority you gave them. They can do anything you need them to do.
In short? Get a comprehensive, immediately effective, healthcare power of attorney for your “team” so their ready to spring into action right now!
Note: Michigan Mental Health Code Has Separate Requirements. That is covered under separate laws that not only cover psychiatrists, but also psychologists and medications to treat the mental health condition.