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HIPAA Authorization Lawyer Serving Arcadia, CA

Comprehensive Guide to HIPAA Authorization in Estate Planning

A HIPAA Authorization is an essential estate planning document that lets your chosen decision makers access your medical information when needed. For residents of Arcadia and the surrounding Los Angeles County communities, a clear and properly executed HIPAA Authorization helps ensure that health care providers can share protected health information with the people you trust. This authorization is often paired with advance health care directives and powers of attorney to create a complete medical decision framework. Understanding how this document works and integrating it into a broader estate plan reduces uncertainty and supports timely medical decision-making on your behalf.

HIPAA Authorization forms are distinct from medical directives because they focus on third-party access to protected health information rather than directing specific medical treatments. When someone is incapacitated or otherwise cannot communicate with providers, the absence of a valid HIPAA Authorization can delay care or leave loved ones unable to obtain necessary records. Establishing a HIPAA Authorization in Arcadia allows appointed agents, family members, or legal representatives to receive medical records and speak with doctors. Taking this step early and reviewing the document periodically helps keep information access aligned with your current preferences and family circumstances.

Why a HIPAA Authorization Matters for Your Health and Estate Plan

A properly drafted HIPAA Authorization provides clear legal permission for designated individuals to obtain medical records and coordinate care, which can be invaluable during medical emergencies or prolonged incapacity. It complements other estate planning documents by ensuring that medical information flows to the right people without legal obstruction. This access supports informed decisions about treatment and discharge planning, and can assist in claims or benefit coordination. In addition, consistent documentation reduces disputes among family members and lowers the administrative burden on health care providers, helping families move forward more quickly during emotional and stressful times.

About Law Offices of Robert P. Bergman and Our Approach

Law Offices of Robert P. Bergman serves clients across California, including Arcadia and greater Los Angeles County, with a focus on estate planning matters such as revocable living trusts, wills, and HIPAA Authorizations. The firm emphasizes clear communication, practical solutions, and personalized planning to help clients protect their medical privacy and ensure access for trusted agents. When you engage with the firm, you receive straightforward guidance about how a HIPAA Authorization fits into your overall plan, how to avoid common pitfalls, and how to keep documents current as life circumstances change.

Understanding HIPAA Authorization within Estate Planning

HIPAA Authorization is a legally recognized document that specifically permits designated individuals to obtain protected health information from hospitals, clinics, physicians, and other medical providers. Unlike medical directives that instruct providers on treatment preferences, a HIPAA Authorization grants access to records and communication, enabling appointed persons to make informed choices and coordinate care. In practice, this means your agent can request test results, review treatment histories, and speak directly with clinicians. Including this authorization in an estate plan ensures continuity of information and supports more effective decision-making when you cannot advocate for yourself.

HIPAA rules protect patient privacy but also allow individuals to authorize disclosure of their medical information. The key is to draft the authorization clearly and to name the right people, specify the scope of information to be disclosed, and set any time limits or conditions. Health care organizations and insurers have specific procedures for accepting third-party requests, so it helps to use standardized language that meets provider requirements. Regularly reviewing and updating the authorization ensures that access remains aligned with your current relationships and any changes to your health or family structure.

What a HIPAA Authorization Actually Does

A HIPAA Authorization is a written, signed, and dated document that gives one or more named people permission to receive protected health information. It can be limited to specific types of information or broad to cover all medical records, and it may include instructions on how long the authorization remains in effect. This document is important because, without it, medical providers may be legally barred from releasing information even to close family members. Naming alternate contacts and clearly describing the scope of access minimizes confusion and helps providers comply with federal and state privacy obligations while supporting your decision makers.

Key Components of an Effective HIPAA Authorization

An effective HIPAA Authorization names the person or persons authorized to receive information, specifies the categories of records covered, sets an effective date and expiration, and includes a clear signature and witness or notary if required by the provider. It may also include consent for electronic records and information about how the authorization can be revoked. When preparing this document, clients should consider whether access should be immediate or triggered by incapacity, whether it should expire after a certain event, and whether additional safeguards are necessary to protect sensitive health information or preserve privacy for minors or dependents.

Glossary of Key HIPAA and Estate Planning Terms

Understanding common terms related to HIPAA Authorizations and estate planning helps you make informed decisions. This glossary covers words you will see when reviewing medical access forms and estate documents, such as the roles of authorized agents, the definition of protected health information, and how authorizations interact with advance directives and powers of attorney. Familiarity with these terms reduces confusion when coordinating with health care providers and helps ensure that your instructions are clear, legally effective, and aligned with family expectations and privacy preferences.

Protected Health Information (PHI)

Protected Health Information, often abbreviated PHI, refers to any information about a person’s physical or mental health, health care treatment, or payment for health care that can identify the individual. PHI includes medical records, test results, diagnosis codes, billing information, and other personal details. A HIPAA Authorization specifically permits the disclosure of PHI to designated parties. Understanding PHI is important because it determines the types of records that the authorization should cover and informs decisions about whether to permit broad access or narrowly tailored disclosures for specific purposes.

Authorization Scope

Authorization scope defines the breadth of information and the time period covered by a HIPAA Authorization. It can range from narrowly defined categories, such as only records pertaining to a specific episode of care, to a comprehensive release covering all medical history. The scope may also specify whether communications are limited to certain providers or include insurance and billing details. Carefully defining the scope reduces the potential for unintended disclosure and provides guidance to both the authorized recipient and medical providers handling the request.

Advance Health Care Directive

An Advance Health Care Directive is a legal document that states your preferences for medical treatment and appoints someone to make health care decisions on your behalf if you cannot do so yourself. While the directive explains your wishes about treatment, a separate HIPAA Authorization allows appointed decision makers access to your medical records. Together, these documents create a complete framework: the directive guides decisions, and the authorization provides the information needed to implement those decisions effectively and without unnecessary delay.

Revocation and Duration

Revocation and duration refer to how long a HIPAA Authorization remains valid and how it can be ended. You can typically revoke an authorization in writing at any time unless the document specifies otherwise or the authorization is part of a legal proceeding. Duration clauses may define a set expiration date, end after a triggering event, or remain in effect until revoked. Understanding revocation and duration helps ensure that access to medical information aligns with your current wishes and that former relationships do not retain ongoing rights to your PHI.

Comparing HIPAA Authorization Options with Other Tools

When planning for medical information access, it helps to compare HIPAA Authorization with other legal tools such as advance directives and powers of attorney. The authorization focuses on disclosure of records; directives address treatment preferences; powers of attorney can appoint decision makers for financial or health matters. Choosing which documents to use depends on your goals for control, privacy, and convenience. For most families, a combination of documents provides the best protection: one document granting access to records and others explaining treatment preferences and appointing responsible decision makers.

When a Narrow Authorization May Be Appropriate:

Situations for Limited Information Release

A limited HIPAA Authorization can be appropriate when you want to control distribution of particularly sensitive information while still enabling a trusted person to coordinate a specific aspect of care. For example, authorization might be restricted to a single hospital admission or a defined set of test results. Limiting scope reduces the risk of unnecessary disclosures and protects privacy for sensitive matters. It also helps maintain trust among family members by granting access only where it is necessary, short-term, and directly tied to a defined purpose or event.

When Time-Limited Access Makes Sense

Time-limited HIPAA Authorizations can be useful when access is needed for temporary circumstances such as a surgical procedure, a hospitalization, or a short-term care transition. Setting a clear expiration date helps ensure that access automatically ends when finished, avoiding ongoing disclosure of medical records after the immediate need has passed. This approach can be effective for clients concerned about long-term privacy or for those who prefer to reassess and renew access when future needs arise, helping to keep control over personal health information.

Why a Coordinated Estate Plan Strengthens Medical Access:

Integrating Documents to Avoid Conflicts

A comprehensive approach aligns HIPAA Authorizations with advance directives, powers of attorney, and trust documents to reduce conflicts and ensure consistent decision-making. When documents are prepared in isolation, they can create gaps or contradictions that complicate care. Combining these tools clarifies who can access records, who can make medical decisions, and how financial affairs should be managed during incapacity. This integrated planning reduces delays, prevents disputes, and helps medical teams and family members act in accordance with your documented wishes.

Addressing Complex Family and Medical Situations

Comprehensive planning is particularly valuable for families with blended relationships, multiple potential decision makers, or complex medical needs. In these scenarios, clarifying roles and access rules in a coordinated set of documents prevents misunderstandings and protects privacy, especially where sensitive conditions or long-term care plans are involved. A coordinated plan also anticipates contingencies such as incapacity, relocation, or changes in health, ensuring that your chosen representatives can act confidently and with timely access to the information they need.

Benefits of Including HIPAA Authorization in a Full Estate Plan

Integrating a HIPAA Authorization with estate planning documents ensures that designated individuals can access necessary medical records and coordinate with providers without legal obstacles. This coordination promotes timely decision-making, reduces stress for family members, and streamlines communication with hospitals and clinics. When combined with advance directives and powers of attorney, a HIPAA Authorization helps create a coherent plan for care during incapacity, supporting your goals for treatment preferences, privacy, and continuity of care across different health care settings.

Beyond immediate care benefits, a comprehensive plan preserves clear records of your intentions and appointed representatives, which can be critical when dealing with insurers, medical billing, and long-term care facilities. Having the right documents in place reduces the likelihood of disputes and administrative delays that can arise when providers require formal authorization. Regular review and updating of these documents ensure that they reflect current relationships and preferences, giving families confidence that the legal framework supports practical needs when decisions matter most.

Faster Access to Medical Records

One major advantage of a properly prepared HIPAA Authorization is faster access to necessary medical records for authorized individuals. When the document uses clear language and meets provider requirements, hospitals and clinics can release information promptly, enabling quick coordination of care, second opinions, and discharge planning. Faster access can make a significant difference in treatment decisions and recovery logistics, reducing delays and allowing families to act on up-to-date medical information without unnecessary administrative hurdles.

Reduced Family Conflict and Administrative Burden

A comprehensive approach with a HIPAA Authorization can minimize conflicts among family members by clearly designating who may access records and communicate with providers. This clarity reduces uncertainty during stressful events and decreases the need for providers to mediate between relatives. In addition, streamlined documentation simplifies requests for records and coordination with insurers, lowering administrative burdens and allowing families to focus on care rather than paperwork. Clear roles and instructions support smoother transitions and better outcomes for patients and their loved ones.

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Practical Tips for HIPAA Authorization

Name Clear and Accessible Agents

Select individuals who are willing and able to communicate with health care providers and handle medical information responsibly. When naming agents, consider alternates in case the primary person is unavailable and include contact details to reduce delays in verification. Make sure your agent understands their role and where to find the authorization document when needed. Providing copies to the agent and storing the original in a known, secure place with your advance directive and power of attorney helps ensure that needed access can happen promptly during emergencies.

Be Specific About Scope and Duration

Decide whether the authorization should be broad or limited, and whether it should include specific providers, time frames, or types of records. Specific scope reduces the chance of unintended disclosures while ensuring that agents can get the information they need. Consider including explicit language about electronic records and billing information if that access is necessary. Clearly defined duration and revocation instructions help maintain your privacy preferences over time and make it easier to update the authorization as circumstances change.

Coordinate with Other Estate Documents

Ensure your HIPAA Authorization is consistent with your advance health care directive, power of attorney, and any trust documents. Consistency across documents reduces confusion and ensures that the same individuals who are authorized to receive information are also empowered to make decisions if needed. Review all documents periodically, especially after major life events like marriage, divorce, births, or changes in health. Sharing updated documents with relevant providers and family members helps ensure smooth implementation when access to records becomes necessary.

When to Consider a HIPAA Authorization for Your Plan

You should consider adding a HIPAA Authorization if you want trusted individuals to access your medical records, handle claims, or coordinate care on your behalf. This document is particularly important for people with ongoing medical needs, chronic conditions, or complex care plans that require frequent communication between providers, family, and insurers. Even healthy adults benefit from having a clear authorization in place to avoid delays in emergencies. Including this authorization with other estate planning documents creates a cohesive approach that supports both privacy and practical care needs.

A HIPAA Authorization can also benefit those who anticipate hospitalization, surgery, or transitions to skilled nursing or rehabilitation care. In these contexts, timely access to records is essential for coordinating treatment plans and discharge arrangements. It is also useful for people who manage care for elderly relatives or adult children with disabilities, enabling authorized persons to gather the necessary information to make informed decisions. Regularly reviewing and updating the authorization ensures that it reflects current relationships and respects changing preferences.

Common Situations Where HIPAA Authorization Helps

Typical situations include hospitalization, sudden incapacity, management of chronic conditions, long-term care placement, and coordination of care during transitions between facilities. A HIPAA Authorization can also be helpful when dealing with insurers or resolving billing and benefits questions that require access to records. Families facing end-of-life decisions or complex medical treatments will find this authorization particularly useful because it allows designated decision makers to gather the relevant history and documentation needed to advocate effectively on the patient’s behalf.

Hospital Admissions and Emergencies

During hospital admissions or emergencies, designated individuals often need immediate access to medical histories, medication lists, and test results to support timely decision-making. A signed HIPAA Authorization reduces administrative friction and allows providers to share critical information quickly with those making care decisions. This can be particularly valuable when the patient is unable to communicate, family members are gathering from different locations, or when outside specialists need records to assess the situation and recommend appropriate treatment options.

Care Coordination and Discharge Planning

As patients transition from hospital to home or to a rehabilitation facility, authorized agents often need access to records and physician instructions to coordinate follow-up care, medications, and therapy schedules. A HIPAA Authorization enables family members or designated care coordinators to speak with providers and manage logistics such as home health arrangements and equipment needs. Clear access to records also supports smoother communication with insurers and home health agencies, ensuring that discharge plans are implemented promptly and safely.

Ongoing Management of Chronic Conditions

For individuals with chronic illnesses, regular access to up-to-date medical records helps authorized persons monitor treatment effectiveness, manage medications, and coordinate specialist visits. A HIPAA Authorization makes it easier for caregivers and family to obtain lab results, imaging, and consultation notes that inform care decisions. This continual information flow supports better health outcomes by ensuring that all members of the care team, including family caregivers, have the information necessary to follow treatment plans and detect changes early.

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Local HIPAA Authorization Services in Arcadia

At Law Offices of Robert P. Bergman, we help Arcadia residents prepare HIPAA Authorizations that align with their broader estate planning goals. We guide clients through naming appropriate agents, defining the authorization scope, and coordinating the form with advance directives and powers of attorney. Our approach focuses on clarity, compliance with provider requirements, and practical steps to ensure that designated individuals can obtain medical records when needed. We can also advise on storing and distributing copies so your plan is accessible during an emergency.

Why Choose Our Firm for HIPAA Authorization Matters

Clients turn to Law Offices of Robert P. Bergman for thorough and practical estate planning that addresses both privacy and practical access to medical information. The firm helps craft HIPAA Authorizations that meet medical provider standards while reflecting personal preferences for disclosure and duration. By integrating the authorization with advance directives and powers of attorney, clients gain a cohesive plan that supports coordinated care, informed decision-making, and minimized administrative obstacles when health issues arise.

We assist with reviewing existing documents, recommending updates after life changes, and ensuring that the language used will be accepted by hospitals, clinics, and insurers. The firm helps clients anticipate common scenarios that require access to protected health information and designs authorizations that strike the right balance between access and privacy. Clear guidance on revocation, retention of originals, and where to provide copies helps families be prepared when records are needed quickly.

In addition to drafting HIPAA Authorizations, the firm offers comprehensive estate planning services including revocable living trusts, wills, powers of attorney, and guardianship nominations. This full-service approach helps clients coordinate legal documents so they work together smoothly. Regular reviews ensure plans remain current and reflect changes in family structure, health, or personal preferences. Clients receive practical recommendations for storing and distributing copies to ensure that designated agents and health care providers can act without delay.

Contact Us to Add a HIPAA Authorization to Your Plan

How We Prepare Your HIPAA Authorization

Our process begins with a consultation to understand your goals, family structure, and medical concerns, followed by a review of existing estate planning documents. We then draft a HIPAA Authorization tailored to your preferences, specifying agents, scope, duration, and any necessary limitations. After review and signature, we advise on distribution and retention of the document, and we coordinate updates as circumstances change. This methodical approach helps ensure that the authorization is both legally effective and practically useful for healthcare providers and your appointed representatives.

Step One: Initial Consultation and Document Review

In the first step we gather information about your medical, family, and legal needs and review any existing estate planning documents. This allows us to determine how a HIPAA Authorization should be drafted to align with your advance directive, power of attorney, and trust documents. We discuss who you want to authorize, the scope of access, and the duration, and we identify any provider-specific language that may be required. This review helps prevent conflicts and ensures a coherent, practical plan for accessing medical information.

Discussing Your Goals and Agents

During the consultation we explore who should have access to your medical records and why, including primary and alternate agents. We discuss scenarios in which access will be needed, privacy concerns you may have, and any limitations you want to impose. This conversation helps shape the authorization’s scope and provides the context needed to draft clear, provider-acceptable language. Clients are encouraged to think about contact information and backup agents to ensure continuity if the primary person is unavailable.

Reviewing Existing Documents for Consistency

We examine existing advance directives, powers of attorney, and trust documents to ensure that names, roles, and authority are consistent across all paperwork. Identifying and resolving discrepancies in this step reduces the potential for provider confusion and family disputes. We also confirm whether prior authorizations need revocation or amendment and advise on how to store signed originals and provide copies to necessary parties. This alignment supports effective decision-making during medical events.

Step Two: Drafting and Client Review

After gathering information and reviewing documents, we draft a HIPAA Authorization tailored to your needs and consistent with medical provider requirements. The draft includes named agents, defined scope, effective and expiration dates, and instructions regarding electronic records and revocation. We provide the draft for your review, answer questions, and make any requested revisions. This collaborative review ensures you understand the implications of each clause and that the final document reflects your wishes for access and privacy.

Preparing a Provider-Friendly Authorization

We use language designed to be accepted by hospitals, clinics, and insurers to minimize delays when records are requested. This often includes clear references to the types of records covered and explicit permission for providers to share information with named recipients. Making the authorization provider-friendly decreases the likelihood of additional verification steps and reduces the time needed to obtain information. We also advise on how to present the document to medical offices and what documentation they may require for verification.

Client Review and Execution

Once the draft meets your needs, we guide you through proper execution, including any witness or notary requirements and recommendations for distributing copies. We recommend providing copies to your named agents, primary care provider, and any specialists involved in ongoing care. We also explain how to revoke or amend the authorization in the future and provide guidance on secure storage. Proper execution and distribution help ensure that the document serves its intended purpose when needed.

Step Three: Implementation and Periodic Review

After the authorization is executed, we advise on practical steps to implement it, such as giving copies to providers and updating digital records. We also recommend regular reviews, especially after major life events or changes in health or relationships, to confirm that the named agents and scope remain appropriate. Periodic review keeps the authorization current and functional, ensuring that your plan continues to provide the intended access and privacy protections over time.

Distributing Copies and Notifying Providers

We recommend providing copies of the signed authorization to your primary care physician, relevant specialists, and family members who may be involved in care. Notifying providers where records are likely to be requested helps them recognize the form and respond more quickly. Keeping a record of which offices received copies and ensuring agents know where the original is stored reduces delays when medical information is needed, improving coordination during care transitions or emergencies.

Annual or Triggered Review Recommendations

We suggest reviewing your HIPAA Authorization annually or after major life events such as marriage, divorce, births, relocations, or significant health changes. Reviews help ensure that the named agents remain the people you trust and that the scope and duration still reflect your wishes. Updating the document proactively avoids confusion and ensures that medical providers and agents are working from accurate, current instructions when accessing records or coordinating care on your behalf.

Frequently Asked Questions About HIPAA Authorization

What is the difference between a HIPAA Authorization and an Advance Health Care Directive?

A HIPAA Authorization permits named persons to receive your protected health information from medical providers. It focuses on disclosure and access to records, while an Advance Health Care Directive states your treatment preferences and may appoint someone to make medical decisions if you are incapacitated. Together, these documents create a functional framework: the authorization supplies the information necessary for decision makers to understand your condition and the directive communicates your wishes about care. Using both documents ensures that whoever is appointed to act for you has the records needed to follow your directives. The authorization does not itself direct treatment; it simply enables your representatives to obtain information so they can implement the choices described in your advance directive and coordinate with providers effectively.

When selecting someone to access your medical records, choose a person who is available, trustworthy, and comfortable communicating with health care providers. Consider naming a primary agent and one or more alternates in case the primary person is unavailable. You may also consider whether the person understands your privacy preferences and is willing to handle sensitive information responsibly. It can be helpful to discuss your wishes with the person you plan to name so they understand their role and where to find the document when needed. Provide contact information and copies to reduce delays in verification. If you have complex care needs, consider naming someone familiar with medical terminology or care coordination to improve communication with providers.

A HIPAA Authorization can be written to remain in effect for a defined period, until a specific event, or indefinitely until revoked. Many people choose an open-ended authorization to avoid needing frequent renewals, while others prefer time-limited access for specific situations. You can include an expiration date or tie the duration to a particular event, such as recovery from a procedure. Revocation is typically possible at any time by providing a written and signed notice to your health care providers and to the individuals named in the authorization. Be sure to follow any provider-specific procedures for revocation and to retrieve distributed copies when revoking to prevent continued disclosure.

Hospitals and clinics have internal policies about accepting third-party requests for records, and many will accept a clearly worded HIPAA Authorization that names the recipient and specifies the scope of records. To increase acceptance, the authorization should use language that aligns with provider requirements and FDA or hospital forms where applicable. Including explicit permission for electronic records and insurance-related disclosures can also improve provider acceptance. Before relying on a particular format, it is wise to confirm whether your regular providers have a preferred authorization form and to incorporate necessary language. We help clients craft documents that are both legally sound and practical for use with local providers to reduce the risk of unnecessary delays.

A HIPAA Authorization by itself does not grant decision-making authority over medical treatment; it grants access to protected health information. If you want someone to make medical choices on your behalf, you should create an advance health care directive or a health care power of attorney naming that person. These documents instruct providers and empower the named decision maker to act according to your stated preferences. Using an authorization in combination with a directive ensures that the appointed decision maker can obtain the necessary records to make informed choices in line with your wishes. This coordinated approach provides both information access and legal authority to carry out decisions.

Yes, if you need access to electronic health records or billing and insurance information, it is important to include explicit language in the HIPAA Authorization permitting those disclosures. Many providers maintain electronic records and require clear consent to release them. Including language about electronic formats and billing details prevents misunderstandings and reduces back-and-forth verification with medical offices and insurers. Discussing these needs during drafting helps ensure the authorization covers the types of records relevant to your situation. If record access for insurance claims or care coordination is expected, include clear permission for those categories so agents can obtain what they need without extra legal hurdles.

Without a HIPAA Authorization, medical providers may be restricted from sharing information about your treatment with family members or other third parties, even if they are closely involved in your care. This can lead to delays in treatment decisions, complications in discharge planning, and difficulty coordinating care or resolving billing and insurance questions. In some cases, providers may require a court order before releasing records, which can be time-consuming and expensive. Having an authorization in place streamlines communication and avoids the need for emergency legal actions. If you lack an authorization and an urgent need arises, families may face administrative obstacles that add stress during already difficult situations, making preemptive planning a prudent step.

Yes, you can limit a HIPAA Authorization to specific types of records, specific providers, or a defined time period. Narrowing the authorization can protect privacy for sensitive conditions by restricting access to only the necessary information. For example, you might authorize release of records related only to a surgery or a particular medical event, rather than granting blanket access to all medical history. Limiting the authorization requires careful consideration to ensure that your agents will still have the information they need to coordinate care effectively. If circumstances change, the authorization can be amended or renewed to expand or narrow access as appropriate.

Store the original signed HIPAA Authorization in a secure but accessible location, and provide copies to the people you have named, your primary care physician, and any specialists involved in ongoing care. Inform your agents where the original is located and give them copies so they can act promptly when needed. Avoid leaving the only copy in an inaccessible place such as a safety deposit box that cannot be opened quickly in an emergency. Keeping a record of which providers have received copies and periodically confirming those offices still have current documentation reduces delays. When you update or revoke the authorization, retrieve distributed copies or notify recipients in writing so they are aware of the change.

Yes, you should review and update your HIPAA Authorization after major life events such as marriage, divorce, the birth of a child, changes in health status, or the death or incapacity of a named agent. These life changes can affect who you trust to access your medical information and whether the authorization’s scope remains appropriate. Regular reviews help keep the document aligned with current relationships and preferences. Even without major events, an annual review is a good practice to confirm that contact details, agent availability, and scope still match your intentions. Updating the authorization proactively avoids confusion and ensures your appointed individuals can access records when needed.

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