My father in law, 96 yrs and counting, requires assistance in all manners regarding his health care, medications, dr. appts, medication pre-authorizations etc, etc. We had a full set of documents drawn several years ago for managing his affairs including Durable Power of Attorney, Health Care Proxy, Comfort Care directives and a Will. My husband is listed as his Power of Attorney, Trustee and Health Care Proxy on these documents.
I recently was on the phone with my father in law's prescription drug provider as they had called me to get some information in order to get approval for a new medication he needs. The woman on the phone was not able to speak to ME, so I was able to call her back from my father-in-law's apartment and mediate between them to get him to answer her questions. (Oddly, all she wanted was his current mailing address!! I could have given that to her easily). Anyway, to avoid this telephone game in the future, the woman on the phone said that they were required to have a "Medical Power of Attorney" document on file with them in order to talk with my husband or me about my father-in-law's prescription plan. I have never heard of this document, and quite frankly, in reading the language of the current Health Care Proxy that we have, can't imagine what it doesn't cover. With the Health Care Proxy alone, shouldn't my husband be able to help manage his father's care?
Frankly, I am loathe to go through the process and expense of creating yet another document if it is unnecessary. What good is the HCP if it doesn't cover making the health decisions that it says it covers? The language in the HCP is quite inclusive and seems very broad. I can find very little information anywhere about Medical Power of Attorney, which seems to be a new term.
Can anyone shed some light on this for me? Yet one more hurdle in the marathon of caring for the elderly.
Editor's Response
Not really sure about this one. Clearly they are worried about the confidentiality requirements of HIPAA. But HIPAA allows and obliges medical personnel to share medical information with the patient's personal representative. Adding to the confusion, however, is the fact that YOU are not your father-in-law's health care agent. Your husband is. Is this an out of state supplier? If so, they may be using "medical power of attorney" as a synonym for the document that MA law now recognizes: health care proxy.
In any case, assuming the patient is still competent to make decisions why not ask the company to send the form they would like the patient to fill out (medical power of attorney). You can list yourself as the agent. If they do not want to send you one, just Google "medical power of attorney form" and you will find plenty of free forms. If the patient is no longer competent, then you will have to explain to them that MA law recognizes health care proxies, but that you are willing to send them a copy of that document and the power of attorney already executed. At least then your husband will be able to work with them. For more information or to post a question, visit our MA Elder Law Discussion Forum.