WEBVTT 00:00:00.000 --> 00:00:03.140 Welcome to the Light Keepers Podcast. I'm Clayton 00:00:03.140 --> 00:00:05.719 Vandiver, your Light Keeper, with the show dedicated 00:00:05.719 --> 00:00:08.259 to everyone who wants to get the most quality 00:00:08.259 --> 00:00:11.619 out of life that they can. My co -host, as always, 00:00:11.740 --> 00:00:14.179 Charlene, our very own licensed clinical social 00:00:14.179 --> 00:00:16.940 worker certified in the state of Florida, joining 00:00:16.940 --> 00:00:19.879 us this week with a conversation about HIPAA, 00:00:20.039 --> 00:00:25.260 the good and the bad, and so much more on this 00:00:25.260 --> 00:00:57.189 edition of the Light Keepers Podcast. And before 00:00:57.189 --> 00:00:59.390 we start, please leave your questions or comments 00:00:59.390 --> 00:01:02.149 below. We always love to hear from you. Questions 00:01:02.149 --> 00:01:04.329 this week are going to be answered during our 00:01:04.329 --> 00:01:06.629 next show that appears online every Wednesday 00:01:06.629 --> 00:01:10.230 evening at 7 p .m. Eastern. The Light Keepers 00:01:10.230 --> 00:01:12.969 podcast is an exclusive production of A Guiding 00:01:12.969 --> 00:01:15.129 Light Incorporated. We'll tell you a little bit 00:01:15.129 --> 00:01:17.409 more about A Guiding Light at the end of the 00:01:17.409 --> 00:01:20.250 podcast. But since we don't have much time, we're 00:01:20.250 --> 00:01:21.849 going to make this a little bit shorter show 00:01:21.849 --> 00:01:24.719 this week. Let's get right into this week's conversation 00:01:24.719 --> 00:01:31.420 about HIPAA, the good and the bad. Let's start 00:01:31.420 --> 00:01:34.780 off with telling folks what HIPAA is. H -I -P 00:01:34.780 --> 00:01:39.599 -A -A. Correct. Not H -I -P -P -A, which is how 00:01:39.599 --> 00:01:42.879 I usually misspell it. Always mess that up. So 00:01:42.879 --> 00:01:46.140 what is H -I -P -A -A? What is that? So that 00:01:46.140 --> 00:01:51.519 is the Health Insurance Portability and Accountability 00:01:51.519 --> 00:01:56.739 Act. And yes, I did have to look that up. Okay. 00:01:57.359 --> 00:02:01.140 So now we know what the letters mean. What does 00:02:01.140 --> 00:02:06.819 it mean? So HIPAA is basically a rule, a law 00:02:06.819 --> 00:02:11.550 that was passed in 1996 that says... Simply, 00:02:11.590 --> 00:02:14.370 no one can share your personal health information 00:02:14.370 --> 00:02:18.009 without your permission. Right. Now, this is 00:02:18.009 --> 00:02:21.550 a good thing because what this means is, for 00:02:21.550 --> 00:02:27.150 example, doctor's offices cannot share your information 00:02:27.150 --> 00:02:31.189 without your written consent with anybody. Anybody. 00:02:31.939 --> 00:02:34.340 They have to have your written consent to be 00:02:34.340 --> 00:02:35.979 able to share that information. And it's one 00:02:35.979 --> 00:02:38.319 of those many forms that you fill out when you 00:02:38.319 --> 00:02:41.840 check into a hospital. And most doctor's offices 00:02:41.840 --> 00:02:44.340 have you fill that out when you're signing in. 00:02:44.780 --> 00:02:47.039 Even in your primary care physician, they're 00:02:47.039 --> 00:02:49.439 going to have you sign a HIPAA form. Correct. 00:02:49.479 --> 00:02:51.300 So that's what that's all about is who you'll 00:02:51.300 --> 00:02:53.639 share your information with, who they can share 00:02:53.639 --> 00:02:56.330 your information with. and it is an important 00:02:56.330 --> 00:03:00.189 rule it does have um it does have a good place 00:03:00.189 --> 00:03:03.189 in society or at least a certainly well -intended 00:03:03.189 --> 00:03:06.870 place because it does protect vulnerable populations 00:03:06.870 --> 00:03:11.530 for example if you have someone who is a victim 00:03:11.530 --> 00:03:14.430 of domestic violence well now their partner is 00:03:14.430 --> 00:03:16.509 not going to have access to their health information 00:03:16.509 --> 00:03:20.449 so whatever they share with their doctor is going 00:03:20.449 --> 00:03:24.000 to be private And so that can be a source of 00:03:24.000 --> 00:03:27.180 protection for them. So that's a good thing. 00:03:27.699 --> 00:03:31.060 However, and this is where it gets complicated 00:03:31.060 --> 00:03:34.759 because HIPAA can also be restrictive. Oh, really? 00:03:35.000 --> 00:03:38.180 For example, we recently did a show about family 00:03:38.180 --> 00:03:41.599 members with memory care issues. So if you have 00:03:41.599 --> 00:03:44.020 someone in your family that you're trying to 00:03:44.020 --> 00:03:46.620 help with their medical care, guess what? You're 00:03:46.620 --> 00:03:48.639 not going to be able to do anything for them 00:03:48.639 --> 00:03:53.310 if they have not. given their doctor's office 00:03:53.310 --> 00:03:56.409 permission to talk to you. Just something as 00:03:56.409 --> 00:03:59.689 simple as scheduling an appointment can't happen. 00:04:01.409 --> 00:04:08.210 Okay, so HIPAA can be restrictive. It's made 00:04:08.210 --> 00:04:10.830 to be restrictive for perfectly good reasons. 00:04:11.050 --> 00:04:13.789 But there are times, I guess, when it might hold 00:04:13.789 --> 00:04:20.439 back the necessity of making... Even appointments? 00:04:20.879 --> 00:04:23.500 Yeah, something as simple as that. So when I 00:04:23.500 --> 00:04:27.459 think of HIPAA, I think of bars on windows, okay? 00:04:27.939 --> 00:04:30.339 Bars on windows in a rough neighborhood. They're 00:04:30.339 --> 00:04:33.579 put there for protection. But what happens if 00:04:33.579 --> 00:04:37.720 a fire breaks out on the inside? So they've also 00:04:37.720 --> 00:04:43.399 just restricted you from exiting. So the same 00:04:43.399 --> 00:04:45.519 thing that can protect you can also imprison 00:04:45.519 --> 00:04:48.339 you. And I think that's what HIPAA does a lot 00:04:48.339 --> 00:04:52.240 of times. maybe more often than not. Well, and 00:04:52.240 --> 00:04:54.500 that's an important thing then. That's why we 00:04:54.500 --> 00:04:57.240 wanted to bring this conversation to the podcast. 00:04:58.639 --> 00:05:01.519 And I guess the important question to ask is, 00:05:01.779 --> 00:05:06.500 what could we do about that? What would be the 00:05:06.500 --> 00:05:09.339 best way to have all of those good restrictions 00:05:09.339 --> 00:05:13.519 in place, but at the same time, allow for the 00:05:13.519 --> 00:05:17.800 people who, even over time, might change, but 00:05:17.800 --> 00:05:20.660 might need to be able to access your knowledge 00:05:20.660 --> 00:05:26.160 your information so one of the real only ways 00:05:26.160 --> 00:05:30.199 that you can get around hipaa is by having an 00:05:30.199 --> 00:05:32.040 advanced directive which i know we talk about 00:05:32.040 --> 00:05:34.360 a lot here on the show but hipaa is one of the 00:05:34.360 --> 00:05:36.579 reasons why having an advanced directive is so 00:05:36.579 --> 00:05:40.319 important part of an advanced directive is identifying 00:05:40.319 --> 00:05:43.300 who you trust to make medical decisions for you 00:05:43.899 --> 00:05:46.920 That's also known as a medical power of attorney. 00:05:47.240 --> 00:05:50.620 Now, just to be clear, a medical power of attorney 00:05:50.620 --> 00:05:54.180 does not have control of your finances or property 00:05:54.180 --> 00:05:57.480 or anything like that. Purely medical. Medical 00:05:57.480 --> 00:06:00.540 power of attorney. But with that document in 00:06:00.540 --> 00:06:04.160 hand, that person would be able to assist you 00:06:04.160 --> 00:06:06.959 with your medical care. So they would be able 00:06:06.959 --> 00:06:09.639 to contact the doctor's office to maybe get those 00:06:09.639 --> 00:06:13.370 test results or schedule that appointment. Now, 00:06:13.370 --> 00:06:17.410 that's an important question. If they have the 00:06:17.410 --> 00:06:20.449 medical power of attorney, but you have not added 00:06:20.449 --> 00:06:24.110 them to a HIPAA form with the doctor or the hospital, 00:06:24.149 --> 00:06:26.649 giving them the authority, that's not a person 00:06:26.649 --> 00:06:28.509 that's listed, but they have medical power of 00:06:28.509 --> 00:06:32.269 attorney. Does it override that HIPAA restriction? 00:06:32.829 --> 00:06:36.029 It does. Okay. It does. But here's a very important 00:06:36.029 --> 00:06:39.500 distinction. So a lot of people... are intimidated 00:06:39.500 --> 00:06:42.920 by having a medical power of attorney form because 00:06:42.920 --> 00:06:46.019 they might feel like it gives someone else control 00:06:46.019 --> 00:06:49.800 over their medical care. And there's a very important 00:06:49.800 --> 00:06:51.980 thing to understand about a medical power of 00:06:51.980 --> 00:06:55.519 attorney. As long as you are in your right mind, 00:06:55.680 --> 00:06:59.800 if you have not been deemed incapacitated by 00:06:59.800 --> 00:07:04.259 a medical professional, your wishes will always 00:07:04.959 --> 00:07:07.980 overrule anybody else's whether they are a medical 00:07:07.980 --> 00:07:10.199 power of attorney or not doesn't that have to 00:07:10.199 --> 00:07:12.980 go through a judge as well in most cases not 00:07:12.980 --> 00:07:15.879 always not always if a doctor determines that 00:07:15.879 --> 00:07:19.319 someone no longer has capacity usually that is 00:07:19.319 --> 00:07:22.060 enough to activate that medical power of attorney 00:07:22.060 --> 00:07:26.800 but but if that person has not been deemed incapacitated 00:07:26.800 --> 00:07:29.899 and they have a medical power of attorney and 00:07:29.899 --> 00:07:32.939 say for example They and their medical power 00:07:32.939 --> 00:07:34.939 of attorney disagree on a course of treatment. 00:07:35.480 --> 00:07:38.860 What they want is going to happen because they 00:07:38.860 --> 00:07:43.279 still have decision -making authority. Okay. 00:07:43.980 --> 00:07:47.160 Well, that's an important thing to know. So the 00:07:47.160 --> 00:07:50.240 only thing at that point that that medical power 00:07:50.240 --> 00:07:53.139 of attorney would authorize would be for that 00:07:53.139 --> 00:07:57.230 individual to support. your decision so for example 00:07:57.230 --> 00:08:00.089 if they needed to schedule appointments if they 00:08:00.089 --> 00:08:04.470 needed to get results if they needed to authorize 00:08:04.470 --> 00:08:08.389 treatment if they needed to maybe transfer records 00:08:08.389 --> 00:08:11.550 from one medical facility to another those are 00:08:11.550 --> 00:08:13.670 things they would be able to do on your behalf 00:08:13.670 --> 00:08:17.069 and when you have a primary care physician or 00:08:17.069 --> 00:08:22.259 a care caring doctor at your hospital It's very 00:08:22.259 --> 00:08:24.879 likely specialists are going to need to be consulted 00:08:24.879 --> 00:08:27.399 and your information is going to need to be shared. 00:08:27.839 --> 00:08:30.699 Absolutely. So they need to have that authority. 00:08:30.899 --> 00:08:32.860 And if they do not, someone needs to be able 00:08:32.860 --> 00:08:36.340 to provide it on your behalf. So this is all 00:08:36.340 --> 00:08:39.980 important. Again, planning ahead is critical 00:08:39.980 --> 00:08:45.059 to getting the very best quality of life, no 00:08:45.059 --> 00:08:49.759 matter where you are in life, young, old. Planning 00:08:49.759 --> 00:08:53.159 for the beginning or the end, you still have 00:08:53.159 --> 00:08:56.720 to make plans. And it can be something, I mean, 00:08:56.720 --> 00:08:59.860 this crops up in day -to -day living. For example, 00:09:00.299 --> 00:09:05.399 I have a family member who is autistic. High 00:09:05.399 --> 00:09:07.779 -functioning, you'd never know it just by talking 00:09:07.779 --> 00:09:10.320 to them, but they struggle with phone calls. 00:09:10.440 --> 00:09:12.299 They're not comfortable on the phone. They don't 00:09:12.299 --> 00:09:13.960 like making calls. They don't like receiving 00:09:13.960 --> 00:09:16.340 calls. You know, I'm one of those people, too. 00:09:17.960 --> 00:09:20.179 Phone calls. Yeah, I don't like them either. 00:09:20.259 --> 00:09:23.500 But the thing is, this individual has trouble 00:09:23.500 --> 00:09:26.639 calling the pharmacy and getting refills on his 00:09:26.639 --> 00:09:30.139 medication. Well, guess what? Because of HIPAA, 00:09:30.139 --> 00:09:34.419 nobody can help him. Really? Yeah, because of 00:09:34.419 --> 00:09:37.820 HIPAA, nobody can step in and help him. Unless 00:09:37.820 --> 00:09:40.700 he gives that authorization, unless he has that 00:09:40.700 --> 00:09:43.120 medical power of attorney, nobody can step in 00:09:43.120 --> 00:09:46.000 and help him with these things that he struggles 00:09:46.000 --> 00:09:48.580 with because of HIPAA. And that could happen 00:09:48.580 --> 00:09:52.460 to anyone at any, well, you spend your entire 00:09:52.460 --> 00:09:55.480 life with some of those conditions. So that could 00:09:55.480 --> 00:09:59.799 be happening to someone far younger or older 00:09:59.799 --> 00:10:03.799 and still have issues with communication. Absolutely. 00:10:03.799 --> 00:10:06.700 Communication can be a very... difficult thing 00:10:06.700 --> 00:10:09.279 for some people. In today's day and age, one 00:10:09.279 --> 00:10:14.000 of the things that is very common, and it's an 00:10:14.000 --> 00:10:18.139 unspoken thing that a lot of people have, but 00:10:18.139 --> 00:10:19.919 they don't realize they have it in common with 00:10:19.919 --> 00:10:23.100 most of America, and that is high levels of anxiety. 00:10:23.940 --> 00:10:27.220 And sometimes that anxiety is social anxiety, 00:10:27.460 --> 00:10:30.679 and it can make getting on the telephone for 00:10:30.679 --> 00:10:34.539 some people debilitating. And for those people, 00:10:34.659 --> 00:10:36.980 something as simple as calling in a prescription, 00:10:37.360 --> 00:10:39.980 calling in for a refill on that prescription, 00:10:40.120 --> 00:10:42.179 calling the doctor's office to make an appointment, 00:10:42.340 --> 00:10:46.139 these can become huge obstacles to care because 00:10:46.139 --> 00:10:49.440 they have trouble being on the phone. And HIPAA 00:10:49.440 --> 00:10:52.379 makes it difficult for people to step in and 00:10:52.379 --> 00:10:54.559 support them. Well, I know how much difficulty 00:10:54.559 --> 00:10:59.460 I have at a fast food drive -up window. You know 00:10:59.460 --> 00:11:03.779 that too. Incredible anxiety. I always have to 00:11:03.779 --> 00:11:06.259 do the ordering. Just about the time I'm pulling 00:11:06.259 --> 00:11:08.899 up to the window and rolling down my window to 00:11:08.899 --> 00:11:13.720 speak to the speaker, I have a complete panic 00:11:13.720 --> 00:11:16.580 attack. What am I ordering? I mean, I'm a broadcaster. 00:11:16.799 --> 00:11:18.960 You would think I'd be able to talk to a speaker. 00:11:19.460 --> 00:11:24.600 No. Who wants what? How much of what? Large, 00:11:24.659 --> 00:11:27.779 medium, extra large, supersize me? I don't know. 00:11:28.490 --> 00:11:31.490 I go into a complete overload. And just for grins 00:11:31.490 --> 00:11:33.710 and giggles, I order the extra pickles just to 00:11:33.710 --> 00:11:39.009 tailspin you. But it's an example of anyone at 00:11:39.009 --> 00:11:42.509 any stage in life with any training as a communications 00:11:42.509 --> 00:11:46.389 professional can have a panic attack or have 00:11:46.389 --> 00:11:49.350 difficulty communicating even something as simple 00:11:49.350 --> 00:11:51.450 as an order at a fast food window. And you know, 00:11:51.490 --> 00:11:54.289 maybe it has nothing to do with anxiety or... 00:11:55.799 --> 00:11:59.679 autism maybe it's just a migraine a sinus infection 00:11:59.679 --> 00:12:03.179 a cold didn't get a good meal the day before 00:12:03.179 --> 00:12:05.259 your nutritional balance is a little we were 00:12:05.259 --> 00:12:07.200 talking about that a few weeks ago nutrition 00:12:07.200 --> 00:12:10.820 can change your entire cognitive picture it can 00:12:10.820 --> 00:12:14.220 be a bad day where you or or bad not just not 00:12:14.220 --> 00:12:17.200 getting enough good nutrition but maybe eating 00:12:17.200 --> 00:12:19.929 that Food that was left out at room temperature 00:12:19.929 --> 00:12:21.970 too many hours the day before gives you a bad 00:12:21.970 --> 00:12:25.330 headache the next day. And there you go, having 00:12:25.330 --> 00:12:28.710 difficulty communicating what you need to. So 00:12:28.710 --> 00:12:30.850 these are all important things to think about. 00:12:31.259 --> 00:12:36.320 And so that HIPAA protection can also be a restriction. 00:12:36.419 --> 00:12:38.940 And that's why it's so important to make sure 00:12:38.940 --> 00:12:42.679 that with your medical providers, with your doctor's 00:12:42.679 --> 00:12:45.639 offices, with your pharmacies, that you have 00:12:45.639 --> 00:12:49.620 the right people listed as being able to make 00:12:49.620 --> 00:12:51.940 those decisions for you, make those appointments 00:12:51.940 --> 00:12:54.279 for you, and get that information on your behalf. 00:12:54.539 --> 00:12:57.460 Absolutely. That way, no matter what happens, 00:12:57.679 --> 00:13:01.299 you're covered. Absolutely. So HIPAA, it's a 00:13:01.299 --> 00:13:04.440 good thing? It can be a bad thing. You never 00:13:04.440 --> 00:13:06.720 know. It's your situation. Everyone's situation 00:13:06.720 --> 00:13:09.000 is unique, and that's what we always say here 00:13:09.000 --> 00:13:11.600 on the show, that it's a highly personal choice. 00:13:11.639 --> 00:13:14.659 No conversation that you hear on the Light Keepers 00:13:14.659 --> 00:13:18.340 podcast should do anything except inspire you 00:13:18.340 --> 00:13:20.840 to do a little more research, find out some more 00:13:20.840 --> 00:13:24.750 information that... has more to do with your 00:13:24.750 --> 00:13:28.129 specific situation. You should always look to 00:13:28.129 --> 00:13:30.370 your own medical care team or other professional 00:13:30.370 --> 00:13:33.870 advisor who should be consulted by you on your 00:13:33.870 --> 00:13:38.330 specific, unique situational needs. And it's 00:13:38.330 --> 00:13:40.409 always good to be willing to talk about quality 00:13:40.409 --> 00:13:44.029 of life because every single one of us will face 00:13:44.029 --> 00:13:46.730 some of these issues someday and you'll either 00:13:46.730 --> 00:13:49.750 not be prepared at all or really very well prepared 00:13:49.750 --> 00:13:53.080 indeed. From joining us here, Every Wednesday 00:13:53.080 --> 00:13:55.820 evening at 7 p .m. on the Light Keepers podcast. 00:13:56.539 --> 00:13:59.240 This is an exclusive production of Vanimation 00:13:59.240 --> 00:14:01.259 Studios brought to you by A Guiding Light, a 00:14:01.259 --> 00:14:04.580 501c3 nonprofit organization. They're dedicated 00:14:04.580 --> 00:14:10.620 to informing and educating professionals and 00:14:10.620 --> 00:14:13.759 the public, informed preparation for living the 00:14:13.759 --> 00:14:16.379 very best life possible. and the mission of a 00:14:16.379 --> 00:14:18.659 guiding light is to provide education for professionals 00:14:18.659 --> 00:14:21.500 and information for everyone else about life 00:14:21.500 --> 00:14:25.059 planning available guidance and counseling that 00:14:25.059 --> 00:14:27.980 helps individuals and their family navigate options 00:14:27.980 --> 00:14:31.940 like that improves the quality of their remaining 00:14:31.940 --> 00:14:34.659 days. The organization is committed to training 00:14:34.659 --> 00:14:36.799 professionals through scholarship grants when 00:14:36.799 --> 00:14:39.399 needed who will help you find the best information 00:14:39.399 --> 00:14:42.399 and options to meet your needs that are unique 00:14:42.399 --> 00:14:45.620 and individual to you and available in your area 00:14:45.620 --> 00:14:48.620 so you can be aware of those choices and confident 00:14:48.620 --> 00:14:52.360 in your decisions and at peace that you've made 00:14:52.360 --> 00:14:55.629 the best decisions to live life. on your own 00:14:55.629 --> 00:14:58.490 terms. Now, if you'd like to visit the website 00:14:58.490 --> 00:15:02.009 at a guiding light .org, maybe make a tax deductible 00:15:02.009 --> 00:15:04.250 contribution that helps others find the information 00:15:04.250 --> 00:15:07.590 they need. The address is right below us here 00:15:07.590 --> 00:15:11.009 on the screen. And also you can make a contribution 00:15:11.009 --> 00:15:15.370 using the QR code or the PayPal information that's 00:15:15.370 --> 00:15:18.149 on our audio podcast and on our YouTube account. 00:15:18.610 --> 00:15:23.539 So from all of us here. who have HIPAA well in 00:15:23.539 --> 00:15:28.120 hand. We'll see you next time on the Light Keepers 00:15:28.120 --> 00:15:28.419 podcast.