gUARDIANSHIP FOR HEALTH CARE PROVIDERS

HIPAA POLICIES

This is a Standard Business Associate Arrangement Offered Per 45 CFR 164.502 and 504(e).  These policies apply when the Law Office provides services to an  entity covered by the Health Insurance Portability and Accountability Act ("HIPAA").  

1.    The Law Office of Rachel A. Brooks ("Law Office") collects and uses protected health care information for the following purposes:

      A.   To review and advise on the effectiveness of a patient's durable power of attorney and/or trust documents;

      B.    To petition for guardianship or other protection for the patient; and/or

      C.    To petition for an order of protection on behalf of the patient, if the patient is a vulnerable adult.  

2.   The Law Office may further disclose protected health care information as permitted or required by law to only the following:

      A.   To a court-appointed Guardian ad Litem; 

      B.    To Adult Protective Services or a Law Enforcement agency; 

      C.   To an attorney who represents the patient;

      D.   To the patient's legal representative, guardian, or trustee;

      E.   To a Court having jurisdiction over the patient; and/or

      F.   To any other person, if directed by court order.

3.   If the Law Office files protected health information records with the Court, the Law Office shall file these records under seal.  Sealed records are maintained separately by the Clerk of the Court and are not available in the public file and may not be further distributed without a Court Order.  Washington State Court Rules, General Rule 22.

4.   The Law Office uses electronic communication, including email.  At the request of the covered entity, the Law Office shall use facsimile or postal communication instead.

5.   The Law Office shall promptly report to the covered entity any use or disclosure not provided for by these policies.

6.   The Law Office does not provide protected health information to subcontractors.

7.   These polices may be amended by agreement of the Law Office and the covered entity.