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Advance Health Care Directive Attorney in Carson, California

Comprehensive Guide to Advance Health Care Directives in Carson

An advance health care directive is a legal document that expresses your wishes about medical care and designates who will make health decisions if you are unable to do so. In Carson and across Los Angeles County, having a clear directive helps family members and medical providers follow your preferences for treatment, end-of-life care, and life-sustaining measures. The Law Offices of Robert P. Bergman can assist with drafting an advance health care directive tailored to California rules, ensuring your choices about medical interventions, hospitalization, and comfort care are documented and accessible when they matter most.

Preparing an advance health care directive involves thoughtful conversation about values, outcomes you want to avoid or pursue, and who you trust to act on your behalf. Many clients combine a directive with related estate planning documents like a living trust, powers of attorney, and HIPAA authorizations so that both health and financial decisions are coordinated. Whether you live in Carson or elsewhere in Los Angeles County, the process includes explaining available options, clarifying legal wording, and filing or distributing the final document so loved ones and providers know where to find it when decisions arise.

Why an Advance Health Care Directive Matters for You and Your Family

An advance health care directive reduces uncertainty and conflict during medical crises by spelling out your treatment preferences and appointing a trusted decision-maker. It protects your autonomy when you cannot speak for yourself and gives family members clear guidance about life-sustaining care, comfort measures, and organ donation wishes. The directive can prevent disagreements among relatives, streamline conversations with health care providers, and ensure decisions align with your values. In combination with other estate planning documents, it promotes continuity in both health and financial decision-making, which can be especially important for families managing long-term care or complex medical needs.

About the Law Offices of Robert P. Bergman and Our Approach to Health Care Planning

The Law Offices of Robert P. Bergman serves clients with practical, client-focused estate planning services that include advance health care directives and related documents. Our approach emphasizes clear communication, tailored solutions, and thorough document preparation so that your preferences are accurately recorded and legally effective in California. We assist clients with selecting a health care agent, drafting precise instructions for medical care, and coordinating directives with trusts, wills, and powers of attorney. For residents of Carson and Los Angeles County, our goal is to make the planning process straightforward and to leave you confident that your medical wishes will be known and respected.

Understanding Advance Health Care Directives and How They Work

An advance health care directive sets out your medical treatment preferences and appoints someone to make health decisions if you lack capacity. In California, directives can include instructions about life-sustaining treatment, resuscitation, pain management, and organ donation. They typically work together with a health care power of attorney and HIPAA authorization to ensure that your agent has the legal access and authority needed to communicate with medical providers. Clear, well-drafted language avoids ambiguity and helps hospitals and clinics implement your choices without delay, which is especially important during emergency or end-of-life situations.

Creating an advance health care directive involves weighing medical options and considering scenarios that might arise. Clients often discuss values and outcomes they find acceptable or unacceptable, such as preferences regarding intensive care, tube feeding, or ventilator use. We recommend reviewing and updating directives after major life events like marriage, divorce, new diagnoses, or changes in relationships. Storing copies with your health care agent, primary care provider, and family members helps ensure your directive is accessible when needed and reduces the chance of misunderstanding or disputes among loved ones.

What an Advance Health Care Directive Defines

An advance health care directive is a written record of your health care choices and the person authorized to make decisions for you. It often includes specific instructions about life support, resuscitation, and palliative care, as well as preferences for pain management and comfort measures. The directive complements a health care power of attorney by naming an agent who can interpret and enforce those instructions. In California, including a HIPAA authorization alongside the directive ensures medical providers can share necessary information with your agent. Together, these documents communicate your wishes clearly and legally when you cannot speak for yourself.

Key Elements and the Steps to Create a Directive

Key elements of an advance health care directive include the designation of a health care agent, specific treatment preferences, statements about life-sustaining measures, and signature and witness requirements under California law. The process begins with a conversation to identify values and priorities, followed by drafting language that reflects those choices accurately. After signing with the required formalities, it is important to distribute copies to your agent, family members, and health care providers, and to keep an updated copy in an easily accessible location. Periodic reviews help maintain alignment with changing personal or medical circumstances.

Key Terms and Glossary for Advance Health Care Directives

Understanding common terms helps you make informed choices. This glossary explains roles and phrases used in advance health care directives, such as health care agent, surrogate decision-maker, capacity, life-sustaining treatment, and HIPAA authorization. Learning these definitions clarifies how decisions are made and which documents are needed to ensure your wishes are followed. A clear grasp of these terms also makes discussions with family members and medical providers more productive and reduces the chance of misinterpretation during stressful times.

Health Care Agent

A health care agent is an individual you appoint to make medical decisions on your behalf if you are unable to communicate or lack capacity. The agent’s responsibilities may include discussing treatment options with doctors, consenting to or refusing procedures, and ensuring your documented preferences are respected. Choosing an agent requires trust, availability, and the ability to remain composed during medical crises. It is important to discuss your values and specific wishes with the person you name so they can act in accordance with your directives and represent your interests effectively to medical teams.

HIPAA Authorization

A HIPAA authorization allows your appointed agent and designated persons to receive protected health information from medical providers. Without this authorization, privacy rules can limit the agent’s access to essential medical records and updates. Including a HIPAA authorization with your advance health care directive ensures that providers can share information with the person you appoint, enabling informed decisions and timely communication. This document helps prevent delays in decision-making and supports coordination among family members, caregivers, and medical staff during emergencies or ongoing care situations.

Capacity

Capacity refers to the legal and medical determination that a person can understand treatment options, appreciate the consequences of decisions, and communicate a choice. When a person lacks capacity, their appointed agent or the court may make health decisions on their behalf. Capacity can vary over time and may be affected by illness, medication, or cognitive impairment. Advance health care directives take effect when capacity is absent or diminished, allowing an agent to act in accordance with previously expressed wishes and reducing uncertainty during critical moments.

Life-Sustaining Treatment

Life-sustaining treatment includes medical interventions that prolong life, such as mechanical ventilation, cardiopulmonary resuscitation, dialysis, and artificial nutrition or hydration. An advance health care directive can state whether you want these measures used, limited, or withheld under certain conditions. Clearly describing your preferences helps health care providers make treatment decisions that align with your values and avoids unwanted interventions. Discussing likely scenarios with your agent and medical team ensures that your instructions are practical and can be implemented if the need arises.

Comparing Advance Health Care Directives and Alternative Planning Tools

Advance health care directives work alongside tools like health care powers of attorney, living wills, and HIPAA authorizations to create a full medical planning package. A directive provides specific instructions about medical treatment, while a power of attorney names an agent with decision-making authority. Living wills may focus on end-of-life care preferences, and HIPAA authorizations allow information sharing. Choosing the right mix depends on your circumstances and desired level of detail. Coordinating these documents ensures they complement rather than contradict one another and increases the likelihood that your preferences will be honored by providers and loved ones.

When a Simple Directive May Be Enough:

Clear Preferences with Low Medical Complexity

A more limited advance directive can be suitable when your medical preferences are straightforward and you do not anticipate complex treatment scenarios. For example, if you clearly decline extraordinary life-prolonging interventions or prefer comfort-focused care, concise language may be sufficient to guide providers. This approach is often chosen by individuals with stable health and uncomplicated medical histories, or by those who want to make a specific, narrowly framed statement about a single type of intervention. Even with a limited directive, share copies with your chosen agent and primary care provider so everyone understands and can act on your wishes.

Strong Trust in a Designated Decision-Maker

If you have a trusted agent who understands your values and is readily available to make decisions, a shorter directive paired with a clear health care power of attorney might be enough. In these situations, the named agent can interpret general guidance in the moment, consulting with medical teams to determine appropriate care. This path is practical for those who prefer flexibility for their agent rather than a highly prescriptive document. Make sure the agent is willing to accept the role and that family members are informed to avoid confusion during stressful circumstances.

When a Detailed, Coordinated Planning Package Is Advisable:

Complex Medical or Family Situations

A comprehensive planning approach is often appropriate for individuals with multiple health conditions, blended families, or complicated asset and care arrangements. Detailed directives and complementary documents can address contingencies, specify priorities among family members, and coordinate financial and medical decision-making. This level of planning reduces the chance of disputes, ensures alignment across documents, and helps manage transitions between care settings. Comprehensive plans can also address issues like long-term care, disability planning, and coordination with trusts and guardianship nominations when minor children or dependents are involved.

Desire for Precise Control Over Treatment Decisions

If you want specific instructions for different medical scenarios, a detailed advance health care directive allows you to articulate nuanced choices about interventions, pain management, and end-of-life preferences. Comprehensive planning can include contingency language that addresses uncertain medical outcomes and provides guidance to your agent about balancing longevity with quality of life. This approach is helpful for individuals who want to leave little ambiguity for family members and medical providers, ensuring decisions made on their behalf closely reflect their personal values and medical priorities.

Benefits of a Coordinated Health Care and Estate Planning Strategy

A coordinated approach ties together advance health care directives, powers of attorney, living trusts, and HIPAA authorizations to create a consistent plan across medical and financial domains. This reduces gaps that might prevent your agent from accessing medical records or making timely decisions. It also prevents contradictory language between documents and ensures that your wishes for care and asset management are aligned. By addressing both health and financial authority, families face fewer administrative hurdles during stressful periods, and providers can act with a clearer understanding of your broader wishes.

Comprehensive planning offers peace of mind, clearer communication, and practical protections for both day-to-day health matters and emergency decisions. When documents are created together, there is less risk of confusion over who has decision-making authority or what preferences should guide care. This consistency can make transitions between hospitals, long-term care facilities, and home more seamless. For many clients, having a unified plan also simplifies future updates and makes it easier to instruct loved ones about where to find essential documents when the need arises.

Greater Clarity and Faster Decision-Making

When your advance health care directive is part of a broader planning package, providers and family members can access consistent instructions and legal authorizations quickly. That clarity reduces delays in treatment decisions and eliminates confusion about which document governs specific circumstances. By combining directives with HIPAA releases and powers of attorney, your chosen agent can obtain necessary records and consent to care without administrative obstacles. Faster decision-making in medical situations often leads to better alignment with your preferences and less emotional strain on family members during urgent moments.

Reduced Risk of Disputes and Administrative Burdens

A comprehensive estate and health care plan reduces the risk of disputes among relatives by documenting your wishes and appointing a decision-maker with clear authority. Coordinated documents also lower administrative burdens at hospitals and long-term care facilities by providing the necessary legal paperwork up front. This minimizes back-and-forth paperwork, court involvement, or delays that can arise when documents are missing or inconsistent. For families in Carson and Los Angeles County, this streamlined approach helps preserve relationships and ensures that medical care proceeds according to your directions.

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Practical Tips for Preparing an Advance Health Care Directive

Discuss Values and Preferences Openly

Talk with your chosen health care agent and family about your values, fears, and practical preferences before drafting a directive. Open conversations about what quality of life means to you, acceptable tradeoffs for longevity versus comfort, and any religious or cultural considerations will help your agent make decisions that reflect your wishes. Clear dialogue reduces surprises during crises and gives your agent the confidence to follow your choices. Provide written notes or examples of scenarios to illustrate your preferences, and encourage questions to ensure mutual understanding.

Include a HIPAA Authorization

Attach a HIPAA authorization to your advance health care directive so that your appointed agent can obtain medical records and speak with providers without delay. Privacy regulations can otherwise limit access to essential information, which may slow decision-making during emergencies. A signed HIPAA release enables smooth sharing of test results, diagnosis details, and treatment plans that your agent needs to act effectively. Make sure health care providers, your primary care doctor, and your agent each have copies of the authorization to avoid administrative roadblocks.

Keep Documents Accessible and Review Regularly

Store copies of your directive, HIPAA authorization, and related documents in locations your agent and family can access quickly, such as a secure home folder and with your primary care provider. Notify your agent where originals or electronic copies are kept and consider registering the directive with state or hospital systems that accept advance directives. Review and update your documents after major life events, health changes, or if you change your chosen agent. Regular reviews ensure that the directive continues to reflect your current wishes and that contact information remains accurate.

Reasons to Create an Advance Health Care Directive in Carson

Creating an advance health care directive ensures your medical preferences are documented and that a trusted person can make decisions on your behalf if you cannot. It reduces uncertainty for family members and helps health professionals follow your wishes in urgent situations. For residents of Carson and Los Angeles County, the directive complements other estate planning tools and can be especially important for those with chronic illnesses, advancing age, or family circumstances that could complicate decision-making. Proper planning helps avoid conflict and keeps the focus on delivering care that reflects your priorities.

Advance directives also support practical planning by enabling your agent to access necessary health information and by giving clear instructions to hospitals and care facilities. They are valuable when health conditions fluctuate or when travel, relocation, or changes in family composition create uncertainty. Having documents in place saves time during crises and can prevent the need for court action to appoint a decision-maker. Overall, an advance health care directive is a proactive step that brings clarity and control to future medical decisions while protecting loved ones from making difficult choices without guidance.

Common Situations Where a Directive Is Especially Helpful

People often consider advance health care directives after receiving a new diagnosis, reaching an older age milestone, planning for surgery, or when family dynamics suggest potential disagreement over care decisions. Directives are also useful for those with progressive neurological conditions, chronic illnesses requiring complex treatment, or individuals who travel frequently and want arrangements in place if incapacitation occurs far from home. In each case, a directive clarifies who will speak for you and what medical pathways are acceptable, helping caregivers and providers follow your wishes promptly.

Planned Major Medical Procedures

Before undergoing major surgery or complex medical procedures, it is wise to prepare a directive and name a health care agent. Unexpected complications can impair your ability to communicate, and having instructions in place streamlines decisions about life-sustaining measures and post-operative care. A directive also informs surgeons and hospital staff about preferences for pain management, resuscitation, and intensive care. Bringing copies to pre-surgical appointments ensures the care team knows your wishes and can contact your agent quickly if needed during the procedure or recovery.

New Diagnosis of a Serious or Progressive Condition

Receiving a diagnosis of a serious or progressive illness often prompts people to formalize their medical wishes. A directive helps capture preferences before symptoms potentially limit decision-making capacity. It allows you to outline scenarios where you prefer comfort care rather than aggressive interventions, and it names someone to advocate your choices to clinicians. Early planning gives you time to discuss options, learn about likely outcomes, and ensure your agent is prepared to make decisions consistent with your stated values as the condition progresses.

Complex Family or Caregiver Situations

When family relationships are complex or multiple caregivers are involved, an advance health care directive reduces ambiguity about who should make decisions and how those decisions should be made. Naming a single, trusted agent and documenting specific instructions prevents conflict between relatives and ensures that a clear authority exists for medical discussions. This is particularly valuable in blended families, when relatives live in different locations, or when professional caregivers are involved. Clear documentation can prevent delays and disagreements at critical moments.

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Local Assistance for Advance Health Care Directives in Carson

If you live in Carson or nearby communities in Los Angeles County, you can obtain practical help preparing an advance health care directive, HIPAA authorization, and related estate planning documents tailored to California law. The Law Offices of Robert P. Bergman provides guidance on choosing an agent, drafting precise instructions for medical care, and coordinating directives with trusts, wills, and powers of attorney. We help clients ensure that documents are signed according to state requirements and distributed to the right people so your medical preferences can be followed when needed.

Why Clients Choose Our Firm for Health Care Planning

Clients seeking an advance health care directive often value personalized attention, clear explanations of California requirements, and help coordinating health and financial documents. Our firm focuses on listening to individual priorities, translating those priorities into precise document language, and helping clients understand how the directive will function in real medical situations. Whether you are preparing simple instructions or a detailed planning package that includes trusts and powers of attorney, our approach emphasizes practical solutions and effective communication with the people who will act on your behalf.

We assist with choosing and preparing a health care agent, drafting HIPAA releases, and aligning directives with other estate planning documents so that authority and instructions are consistent across settings. Clients receive guidance on storage, sharing, and updating documents, as well as advice on how to discuss sensitive topics with loved ones. Our goal is to leave you confident that your wishes are documented and that family members and medical providers have the information and access needed to honor those wishes in a timely manner.

For individuals and families in Carson, having well-crafted medical planning documents reduces stress at critical moments and streamlines interactions with hospitals and care facilities. We prioritize clarity and practical enforceability, helping avoid common pitfalls such as ambiguous language or missing HIPAA releases. By preparing directives alongside powers of attorney and trust documents, we help clients create a cohesive plan that supports both health and financial decision-making, making it easier for agents and relatives to act effectively when circumstances require quick action.

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Our Process for Creating an Advance Health Care Directive

Our process begins with a conversation to understand your values, health concerns, and family dynamics. We then explain the relevant California formalities, outline the options available in a directive, and assist in selecting an appropriate health care agent. After drafting the document with clear, unambiguous language, we guide you through signing and witnessing requirements and ensure HIPAA authorization is included. Finally, we provide guidance on distribution and storage so your agent and health care providers can access the directive when needed.

Step One: Initial Consultation and Needs Assessment

During the initial meeting, we discuss your medical priorities, preferences about life-sustaining treatment, and who you trust to make decisions on your behalf. This conversation helps identify the level of detail you want in the directive and whether additional documents are advisable. We also cover California statutory requirements and answer questions about capacity, timing, and the role of witnesses and notaries. The goal is to create a document that accurately reflects your wishes and functions effectively in real medical situations.

Exploring Treatment Preferences and Values

We help you articulate your views on medical interventions, pain management, and quality of life so those values can be translated into specific directive language. Discussing hypothetical scenarios clarifies priorities and provides your agent with a framework for decision-making. This step often includes reviewing common medical options and what they mean practically, so you can make informed choices about what you want included in the directive. Clear guidance at this stage reduces ambiguity and supports more confident decisions.

Selecting and Preparing Your Health Care Agent

Choosing the right person to act as your health care agent is an important decision; we discuss qualities to consider and how to prepare that person for the role. We recommend discussing expectations, values, and logistical issues such as accessibility and willingness to act under pressure. Once selected, we draft the necessary authorizations and provide the agent with copies of documents and instructions so they understand their responsibilities. Preparing your agent reduces the chance of confusion during medical emergencies.

Step Two: Drafting and Reviewing Documents

After gathering your preferences and agent information, we draft an advance health care directive that reflects your instructions and complies with California law. The draft is reviewed with you to confirm that the language matches your intent and to make any adjustments for clarity or specificity. At this stage we also prepare HIPAA authorizations and coordinate any related estate planning documents such as powers of attorney or trust provisions to ensure consistency across all paperwork and reduce the risk of conflicting instructions.

Draft Preparation and Client Review

We prepare a clear draft of the directive and walk through each section with you to confirm it captures your wishes exactly. This collaborative review addresses wording choices, conditional instructions, and the scope of your agent’s authority. We make revisions as necessary and answer questions about potential interpretations in clinical settings. Ensuring you understand the practical effects of the language reduces uncertainty and improves the likelihood that your instructions will be followed.

Coordinating Complementary Documents

To avoid inconsistencies, we align the directive with related documents like health care powers of attorney, HIPAA releases, and estate planning instruments. Coordinated documents ensure your chosen agent has access to medical records and legal authority to carry out decisions, and they reduce administrative barriers in hospitals and care facilities. This step includes advising on where to store copies and which providers or family members should receive them so your plan is practical and usable when needed.

Step Three: Signing, Distribution, and Periodic Review

Once finalized, we guide you through California signing and witnessing requirements and recommend where to file or keep copies for easy access. We provide multiple copies for your agent, family members, and health care providers and advise registering or uploading the directive where possible. Regular reviews are recommended after major life events or health changes to ensure the document still reflects your wishes. Ongoing updates maintain the directive’s relevance and ensure continuity of authority and decision-making.

Execution and Witnessing Requirements

California law sets out signature and witnessing rules for advance directives; we ensure the document is executed in a way that meets those standards so it will be honored by medical providers. Proper execution reduces the risk of challenges or confusion when the directive needs to be used. We also advise on whether notarization or additional steps may be helpful for certain settings and provide copies in formats accepted by hospitals and clinics to facilitate immediate access when care decisions arise.

Distribution and Ongoing Updates

After signing, distribute copies to your agent, primary care physician, and close family members, and keep an accessible original or electronic copy. Updating the directive every few years or after major events—such as a new diagnosis, marriage, or change in your chosen agent—keeps it current. We provide guidance on making amendments or revocations in a legally effective way so your medical decision-making remains aligned with your present wishes and circumstances. Clear distribution reduces delays when urgent decisions must be made.

Frequently Asked Questions About Advance Health Care Directives

What is the difference between an advance health care directive and a living will?

An advance health care directive is a broader term that can include appointment of a health care agent and specific instructions about medical treatment, while a living will typically focuses on end-of-life preferences and whether life-sustaining measures should be used. Both documents serve to communicate your wishes when you are unable to speak for yourself, but a directive that names an agent provides someone to make decisions in situations not covered by preset instructions. Combining both approaches offers flexibility: the living will portion addresses specific scenarios, and the agent designation ensures decisions can be made for unforeseen circumstances. Including a HIPAA authorization further ensures your agent can access medical information needed to implement your wishes.

Select an individual who understands your values, is willing to act, and is able to communicate with health care providers during stressful circumstances. Consider availability, geographic location, and the person’s ability to remain objective. It is often helpful to discuss the role beforehand so they know your priorities and can prepare to represent you. If you have complex family dynamics, consider naming an alternate agent in case your first choice is unavailable. Make sure the appointed person has copies of the directive and HIPAA authorization so they can access records and speak with providers when the need arises.

A directive typically takes effect when you lack the capacity to make or communicate health care decisions, as determined by treating medical professionals. The document will state the conditions under which your agent may act and the scope of their authority. Clear language describing the triggering circumstances helps avoid disputes about applicability. Some directives include provisions that allow certain instructions to be followed even if you retain some capacity, but those must be drafted carefully. Discussing expected scenarios with your medical team and including precise terms in the directive reduces ambiguity about when it becomes operative.

Yes, you can change or revoke an advance health care directive at any time so long as you have the mental capacity to do so. Updating may involve signing a new directive, adding an amendment, or formally revoking the prior document in writing, and then distributing the updated version to your agent and health care providers. It is important to destroy or retrieve older copies when you make a change and to notify your agent and medical providers of the update. Periodic review after major life events ensures the document continues to reflect your current wishes and circumstances.

Hospitals and doctors in Carson and across California generally honor properly executed advance health care directives that comply with state formalities. Presenting the directive, HIPAA authorization, and confirmation of the appointed agent helps medical staff follow your stated wishes without unnecessary delay. Occasionally providers may seek clarification if language is ambiguous or if there are objections from family. Clear, well-drafted directives and prompt communication with your health care agent can minimize disputes and help providers implement your instructions effectively.

Including organ donation wishes in your advance health care directive is a straightforward way to record your preferences and can be combined with your driver’s license registration or a separate donor registry. Stating your wishes clearly helps medical professionals and family members follow your intentions regarding organ and tissue donation. If organ donation is important to you, specify the scope of donation and any conditions or limitations. Notifying your family and your chosen agent in advance ensures they understand and can support this decision at the appropriate time.

A HIPAA authorization permits medical providers to share protected health information with your appointed agent and others you designate. Including this authorization with your directive ensures your agent can obtain test results, diagnoses, and treatment information required to make informed decisions on your behalf. Without a HIPAA release, privacy rules can impede communication and delay decision-making. Providing copies of the authorization to providers and ensuring it is properly signed reduces administrative barriers and gives your agent timely access to necessary records.

If family members disagree with your appointed agent, a clear, properly executed directive provides the legal authority your agent needs to act. Communicating your choice and the reasons for it in advance can reduce disputes. Providing copies of the directive to family members and medical staff also helps establish the agent’s role. In rare cases where disagreements escalate, institutions may seek guidance from ethics committees or courts. Careful drafting, documentation of your conversations, and distribution of copies to relevant parties reduce the likelihood of challenges during urgent decision-making.

While individuals can prepare advance health care directives on their own using state forms, working with a legal professional helps ensure the document meets California requirements and aligns with your broader estate plan. Professional guidance can clarify complex scenarios and coordinate the directive with powers of attorney, trusts, and HIPAA releases. For straightforward preferences, standard forms may suffice, but when family dynamics, complex health issues, or concurrent estate planning needs exist, tailored drafting and review help prevent inconsistencies and ambiguity that could complicate future medical decisions.

Review your advance health care directive every few years or after significant life changes such as marriage, divorce, the death of a named agent, a major health diagnosis, or relocation. These events can alter your preferences or the suitability of a chosen agent, making an update advisable to preserve alignment with your current wishes. Keeping contact information and distribution lists current ensures that copies reach the right people in an emergency. Regular reviews also provide an opportunity to confirm that hospitals and providers have the most recent version on file.

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