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Complete Guide to HIPAA Authorizations for Estate Planning

A HIPAA authorization is a written document that allows designated individuals to obtain protected health information about you from medical providers. For people engaged in estate planning in San Dimas and throughout Los Angeles County, a properly drafted HIPAA authorization ensures family members or trusted agents can access medical records when needed to make informed care and planning decisions. This document works alongside other estate planning components, like a living trust, power of attorney, and advance health care directive, to make sure health information is available to the right people at the right time without unnecessary legal delay.

Including a HIPAA authorization as part of an estate plan reduces the chance of administrative obstacles when family members or designated agents need to review medical histories, treatment notes, or test results. Medical providers are bound by federal privacy rules, and without an authorization they may be unable to share important information even with close relatives. Drafting a clear, well-structured HIPAA form tailored to your situation helps align privacy protections with your planning goals, preserving dignity and facilitating timely decisions about care, treatment, and related legal or financial matters when health issues arise.

Why a HIPAA Authorization Matters in Estate Planning

A HIPAA authorization brings practical benefits to any comprehensive estate plan by enabling access to medical records when decision-making becomes necessary. It bridges the gap between healthcare providers and your designated decision makers, helping to clarify medical histories, current treatments, and provider instructions. This access supports the administration of advance directives and powers of attorney and aids attorneys and fiduciaries in making informed choices about care and trust administration. Properly drafted authorizations also reduce delays and disputes, making transitions smoother for families during stressful health events.

About Law Offices of Robert P. Bergman and Our Approach

Law Offices of Robert P. Bergman serves clients with practical estate planning in California, including residents of San Dimas and the greater Los Angeles area. Our approach emphasizes clear communication, careful documentation, and plans that address both current needs and foreseeable future situations. We work with clients to integrate HIPAA authorizations into comprehensive estate plans alongside revocable living trusts, wills, powers of attorney, and advance health care directives. Our goal is to provide documents that function effectively in real-world scenarios, protecting privacy while ensuring access when health decisions and trust administration require medical information.

Understanding HIPAA Authorizations in Estate Planning

A HIPAA authorization is distinct from an advance health care directive or power of attorney but complements them by granting permission to receive protected health information. It must be specific enough to satisfy medical providers and comply with federal privacy rules, while flexible enough to cover the kinds of records and interactions that might be necessary during illness or incapacity. In estate planning, a HIPAA form is often executed at the same time as other documents so that agents named under powers of attorney and health care directives can immediately access the information they need to act in your best interests.

When deciding who to name on a HIPAA authorization, consider who will realistically be available to gather information and make timely decisions. Many people appoint a spouse, adult child, or a trusted friend as their designee. The form should state the scope of permitted disclosures, the types of records covered, and any start or end dates if you want time limits. Carefully tailored HIPAA authorizations reduce misunderstandings and help ensure that critical medical facts are available to those charged with carrying out care directives or administering an estate or trust at important moments.

What a HIPAA Authorization Does and How It Works

A HIPAA authorization is a written legal document that authorizes healthcare providers to disclose your protected health information to designated persons or entities. It specifies what information may be released, who may receive it, and for what purposes. The authorization may cover past, present, and future medical records, and it complements other estate planning documents by facilitating access to the clinical details needed to implement health care decisions and trust administration. Because federal privacy laws restrict disclosure without authorization, including this document in your plan helps ensure necessary information flows to appropriate decision makers.

Key Elements and the Process for Preparing a HIPAA Authorization

A well-drafted HIPAA authorization identifies the patient, names the persons or organizations allowed to receive records, describes the scope of information to be disclosed, and specifies any time limits or conditions. It should include clear signature and date fields and a statement about revocation rights. The process typically includes reviewing who should have access, deciding the breadth of information to release, and coordinating the authorization with powers of attorney and advance directives so that all documents work together. Regular review and updating are recommended when family circumstances or healthcare providers change.

Key Terms and Glossary for HIPAA Authorizations

Understanding common terms helps you make informed choices about HIPAA authorizations. Definitions of items such as ‘‘protected health information,’’ ‘‘designated recipient,’’ and ‘‘revocation’’ clarify how medical privacy operates in the context of estate planning. This section explains the phrases you will see on authorization forms and why they matter for access, timing, and legal effect. Clear definitions make it easier to decide who should receive information and how your authorization should interact with other estate planning instruments to accomplish your goals.

Protected Health Information (PHI)

Protected Health Information, commonly abbreviated as PHI, refers to medical and health-related information that can identify an individual and is maintained by health care providers, insurers, or their business associates. PHI includes medical histories, lab results, imaging reports, treatment notes, and billing information relating to health care services. Under federal privacy rules, covered entities generally cannot disclose PHI without a valid authorization or other legal permission. A HIPAA authorization grants specific recipients the right to access PHI within the scope described on the form.

Designated Recipient

A designated recipient is the person or organization named in a HIPAA authorization who is permitted to receive protected health information. This can include family members, friends, attorneys, fiduciaries, or healthcare institutions. Clearly naming recipients and including identifying details reduces uncertainty about who may request records. It also helps providers confirm authorization validity and process requests more quickly. Consider naming both primary and alternate recipients to account for availability and ensure continuity of access when necessary.

Revocation

Revocation refers to the right of the individual who signed the HIPAA authorization to cancel or withdraw that permission at any time, subject to certain limitations. The authorization should explain how to revoke it and the effective date of revocation. Providers may continue to rely on disclosures made before the revocation was received, but after revocation takes effect they should stop releasing further information. Including a clear revocation clause makes the authorization flexible and consistent with changing circumstances or preferences.

Scope and Minimum Necessary

Scope defines the range of information covered by the authorization, such as all medical records or only records related to a specific diagnosis or treatment. The ‘‘minimum necessary’’ concept encourages limiting disclosures to only the information required for the intended purpose. When drafting an authorization, balance comprehensive access against privacy by tailoring the scope to the needs of the designated recipient. Defining scope carefully helps prevent overbroad releases while ensuring decision makers receive sufficient information to carry out their duties.

Comparing HIPAA Authorization Options in Your Estate Plan

When considering how to implement a HIPAA authorization, compare options such as a broad ongoing authorization, a narrowly tailored form for specific providers or conditions, or a time-limited authorization for discrete situations. Each approach has advantages: broad authorizations reduce friction when multiple providers are involved; narrow authorizations protect privacy by limiting access. Time-limited forms can be useful for short-term matters. Coordination with powers of attorney and advance directives will help determine which approach best supports your overall planning objectives and family dynamics.

When a Narrow HIPAA Authorization May Be Appropriate:

Limited Access for Specific Health Matters

A limited HIPAA authorization may be the right choice when you want to allow access only for a specific condition, treatment episode, or provider relationship. For example, if a family member needs records related to a recent hospitalization or a particular specialist consultation, a narrowly scoped form lets them obtain just that information. This approach preserves broader medical privacy while ensuring that relevant facts are available for decision-making or appeals. It can be especially useful when there are privacy concerns or sensitive conditions you prefer to keep restricted.

Time-Limited Permissions for Short-Term Needs

Time-limited HIPAA authorizations provide access for a defined period, which suits short-term tasks like settling a recent claim, completing an insurance review, or addressing a single episode of care. These temporary permissions reduce long-term privacy exposure while meeting immediate needs. After the time period expires, providers should cease disclosing records under that authorization. Including clear start and end dates and specifying the information required ensures the authorization is effective without creating ongoing access that may no longer be necessary.

When a Broader Authorization and Planning Are Advisable:

Coordinating Multiple Documents and Long-Term Care

A comprehensive approach to HIPAA authorizations is beneficial when you have multiple health care providers, existing advance directives, trusts, and powers of attorney that must operate together. Broader authorizations ensure that medical records can be accessed seamlessly across providers and settings, supporting long-term care planning and trust administration. Integrating authorizations with trust documents and powers of attorney avoids gaps in information flow that could interfere with timely decision-making and the effective management of assets or benefits tied to health status.

Handling Complex Family or Financial Arrangements

Comprehensive planning is often appropriate when family structures are complex, beneficiaries live in different areas, or there are financial accounts and benefits that hinge on medical information. A well-rounded HIPAA authorization strategy anticipates these complexities by naming the right people, allowing necessary organizations access, and coordinating timing with other estate planning instruments. This proactive planning reduces disputes and administrative friction, making it easier for responsible parties to gather necessary medical documentation when addressing benefits, guardianship matters, or trust administration.

Benefits of Integrating HIPAA Authorization with Comprehensive Estate Planning

Integrating a HIPAA authorization into a comprehensive estate plan provides continuity and clarity across healthcare and asset management. When the authorization aligns with powers of attorney, advance directives, and trust documents, agents can obtain medical records quickly, reducing delays in care decisions and fiduciary duties. This unified approach helps ensure that medical facts needed to implement directives or administer trusts are available, which can reduce family stress, streamline communications with providers, and support more efficient resolution of legal and financial matters tied to health events.

A comprehensive approach also supports advance planning for potential long-term care, disability, and incapacity scenarios by ensuring that those responsible for decision-making have access to the necessary clinical information. It can limit the risk of disputes by setting clear terms for who may receive records and under what conditions. Regular review of documents keeps the authorization in step with changes in family circumstances, healthcare providers, and legal requirements, helping maintain effectiveness over time and minimizing the need for urgent revisions during a crisis.

Improved Communication with Healthcare Providers

When a HIPAA authorization is coordinated with other estate documents, communication with medical providers improves because staff can verify permissions and respond to requests from designated agents without delay. Clear paperwork reduces back-and-forth and helps ensure continuity of care and information exchange. This is particularly valuable in emergency or transitional care settings where timely access to records can impact treatment decisions and follow-up care. The result is smoother coordination among family, fiduciaries, and healthcare teams during important health-related events.

Reduced Administrative Burdens for Families and Fiduciaries

A coordinated HIPAA authorization reduces administrative hurdles by making it easier for those managing care or legal affairs to secure the information they need, avoiding repeated requests or denials. This streamlined access can be especially helpful when multiple providers or institutions are involved, or when quick decisions are required about medical treatment, benefit claims, or trust administration. By minimizing procedural delays, families can focus on care and planning rather than navigating privacy barriers, helping to preserve resources and reduce stress during critical times.

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Practical Tips for Managing HIPAA Authorizations

Choose Trusted Recipients and Alternates

Name primary recipients who are likely to be available and effective in handling medical information when needed, and list alternates in case the primary designee is unavailable. Consider proximity, availability, and familiarity with your wishes when selecting whom to authorize. Include full names and contact details to help providers verify requests quickly. Providing alternates helps maintain access if family circumstances change or a primary contact is temporarily unreachable, ensuring continuity of care and information flow when the need arises.

Be Specific About Scope and Duration

Decide whether to authorize access to all medical records or to limit disclosure to certain conditions, providers, or timeframes. Specificity can protect personal privacy while providing necessary information for decision-making. If you choose time-limited access, include clear start and end dates so providers can comply with the intended period. Tailoring the scope and duration helps balance privacy concerns with practical needs and reduces the chance of unnecessary disclosures that could affect your comfort or reputation.

Coordinate with Other Estate Documents

Ensure your HIPAA authorization works together with powers of attorney, advance health care directives, and trust documents to avoid gaps or conflicts. Consistency among these documents clarifies authority and access for both medical providers and fiduciaries. Review these instruments periodically and after major life changes, such as marriage, divorce, relocation, or the appointment of a new guardian or trustee. Coordination reduces disputes and makes administration smoother if records need to be obtained for health decisions or trust management.

Why Include a HIPAA Authorization in Your Estate Plan

Including a HIPAA authorization in your estate plan protects your ability to have designated individuals access medical information when it matters most. Without such a document, providers bound by federal privacy rules may decline to share information, even with close family. A clear authorization allows timely exchange of critical medical facts, supports implementation of your health care directives, and assists fiduciaries in administering financial or trust matters that depend on health status. This proactive step reduces delays and misunderstandings during urgent or complex medical situations.

A HIPAA authorization also helps reduce emotional strain on loved ones by ensuring they can gather necessary records without legal hurdles. It can assist in resolving insurance or benefit claims and provide documentation needed for guardianship or trust administration. For those with chronic conditions, blended families, or delegations of authority to non-family fiduciaries, the authorization clarifies who can access information and under what conditions. Regularly reviewing and updating the authorization helps keep it aligned with changing relationships and healthcare providers.

Common Situations That Make a HIPAA Authorization Necessary

People often need a HIPAA authorization when dealing with sudden illness, hospitalization, long-term care planning, or the administration of trusts and estates that depend on health information. Other common situations include resolving insurance claims, coordinating care among multiple providers, or gathering records for benefit eligibility or appeals. When family members or appointed agents must act quickly on medical or financial matters, having a valid authorization in place prevents delays and helps ensure decisions are based on accurate medical documentation.

Hospitalization or Emergency Care

Hospitalization or emergency medical events often require rapid access to past records, medication histories, and treatment plans. A HIPAA authorization permits your designated representative to obtain that information from hospitals and other providers without delay. Having this access can assist family members and agents in communicating effectively with providers, understanding prognosis and treatment options, and carrying out advance care instructions. This preparedness reduces administrative obstacles when time is of the essence and supports better coordination of care.

Long-Term Care and Business of Trust Administration

Long-term care planning and the administration of trusts and estates often require documentation of medical conditions to determine eligibility for benefits or to implement provisions tied to health status. A HIPAA authorization allows trustees, fiduciaries, and family members to obtain the clinical records needed to make informed decisions about care placement, benefits, or distributions under trust terms. This reduces delays in applying for public benefits or managing assets when health circumstances affect financial planning or trust administration.

Insurance Claims, Appeals, and Benefit Determinations

Insurance claims and benefit determinations frequently depend on medical records and provider statements. A HIPAA authorization authorizes representatives to collect the documentation insurers require for claims, appeals, or eligibility reviews. Timely access to full medical records helps avoid denials and accelerates processing of claims. It also supports the gathering of evidence needed for appeals if initial decisions are unfavorable. Clear authorization language can expedite coordination between medical providers, beneficiaries, and insurers during these often time-sensitive processes.

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Local Assistance for HIPAA Authorizations in San Dimas

If you live in San Dimas or nearby areas of Los Angeles County, our office can help you integrate a HIPAA authorization into your estate plan so that health information is accessible when needed. We work with clients to identify appropriate designees, define scope and duration, and coordinate the authorization with other planning documents like trusts, wills, and powers of attorney. A properly tailored authorization reduces obstacles and helps ensure that trusted individuals can obtain medical information to make informed care and fiduciary decisions on your behalf.

Why Clients Choose the Law Offices of Robert P. Bergman

Clients choose the Law Offices of Robert P. Bergman because we focus on clear, practical estate planning solutions that address both privacy and access to medical information. We help clients draft HIPAA authorizations that work alongside living trusts, wills, and powers of attorney so that your plan functions smoothly when health or incapacity issues arise. Our approach emphasizes straightforward documents, thoughtful selection of designees, and ongoing review to keep plans current with changes in family circumstances or healthcare providers.

We assist with the full range of estate planning documents, including revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, and related trust instruments. Each HIPAA authorization is drafted to reflect your wishes while meeting legal requirements so providers can honor requests for records. We also advise on coordination with other documents such as certification of trust and assignment forms, ensuring that access to medical information supports the administration of trusts and the protection of beneficiaries.

Our team helps clients across the relevant counties prepare practical, enforceable authorizations and reviews them periodically or when circumstances change. We can explain how HIPAA permissions interact with estate and trust tasks, assist in selecting appropriate alternative contacts, and supply clear instructions for revocation or modification. Whether you are starting a new estate plan or updating existing documents, we aim to provide effective solutions that reduce friction and help your designated decision makers obtain the information they need when it matters most.

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How We Prepare HIPAA Authorizations and Related Documents

Our process begins with a conversation to understand your family structure, healthcare relationships, and planning goals. We then recommend the scope and recipients for the HIPAA authorization, draft the document to align with your powers of attorney and advance directives, and provide guidance on execution and storage. We ensure the authorization includes clear revocation instructions and, if appropriate, time limits or provider-specific language. We also review your existing estate plan to avoid conflicts and suggest updates to keep documents effective over time.

Initial Consultation and Information Gathering

During the initial consultation we discuss your current health care contacts, who you trust to access medical information, and any preferences about the scope and timing of disclosures. We collect basic information on your healthcare providers and review existing estate planning documents to ensure coordination. This step allows us to recommend whether a broad, narrow, or time-limited authorization is appropriate, and to identify any additional documents or updates needed so your authorization aligns with your broader estate planning goals.

Identifying Appropriate Recipients and Scope

We work with you to select primary and alternate recipients, listing names, relationships, and contact information to prevent ambiguity. Discussion includes whether to permit access to all medical records or only those relating to specific conditions or timeframes. We also consider whether organizations, like long-term care facilities or insurers, should be named. Clear identification helps providers process requests quickly and reduces the chance of denial due to incomplete authorization details.

Coordinating with Existing Estate Planning Documents

We review any existing powers of attorney, advance directives, and trust documents to ensure the HIPAA authorization complements them without conflict. This coordination clarifies who will make health and financial decisions and ensures that medical records can be accessed by those charged with these duties. We advise on language to align authorizations with agents named in other documents so that implementation is straightforward for providers and fiduciaries when medical information is required to carry out directives or administer trusts.

Drafting and Reviewing the Authorization

After selecting recipients and scope, we draft a HIPAA authorization tailored to your situation and compliant with federal privacy requirements. The draft will include clear language about what records may be released, identify designated recipients, and set any desired time limits or conditions. We provide an opportunity for review and revisions to ensure the document reflects your preferences. Once finalized, we explain the signing procedure and how to store or distribute copies so that authorized individuals and providers can access it when needed.

Ensuring Legal Sufficiency and Provider Acceptance

We use clear, provider-friendly language to minimize misunderstandings that can cause delays or denials. This includes specifying whether the authorization covers past, present, and future records and including identifying details needed by providers to confirm validity. We may provide guidance on how to present the document to hospitals, clinics, and insurance companies so that staff can quickly process requests. Attention to these details helps ensure the authorization will be recognized and acted upon when the need arises.

Finalizing, Signing, and Distributing Copies

Once the authorization is finalized, we explain proper signing and witnessing requirements, if any, and recommend safe storage and distribution of copies. Provide copies to primary healthcare providers and keep accessible copies for designated recipients and family members. We also discuss how to revoke or update the authorization if circumstances change. Clear instructions on execution and distribution help prevent delays and ensure that the right people and organizations can rely on the authorization when retrieving medical records.

Ongoing Review and Updates

Life events such as a change in health providers, relocation, or shifts in family relationships can affect who should have access to medical records. We recommend periodic reviews of HIPAA authorizations and all estate planning documents to confirm they remain appropriate. Updating authorizations to reflect new providers or alternate designees, and reissuing or revoking outdated forms, helps maintain clarity and reliability. Regular reviews ensure that the authorization continues to serve its purpose effectively throughout changing circumstances.

When to Review or Revise Your Authorization

Review your HIPAA authorization after major life changes, including marriage, divorce, births, deaths, relocations, or changes in healthcare providers. Also consider revision when you change who you wish to have access to medical records or when you update other estate planning documents. Prompt revisions and properly documented revocations help avoid confusion and ensure that providers rely on current authorizations. Regularly scheduled reviews every few years can catch issues before they create problems during a medical emergency or trust administration.

How to Revoke or Amend an Authorization

To revoke or amend a HIPAA authorization, follow the revocation procedures set out in the document, typically providing written notice to your healthcare providers and possibly to recipients. Inform your previously designated recipients and distribute any new authorization forms as needed. Keep proof of revocation delivery when possible, and update other estate planning documents to reflect changes. Timely and well-documented revocations reduce the risk that outdated authorizations will be relied upon by providers or third parties.

Frequently Asked Questions About HIPAA Authorizations

What is a HIPAA authorization and why do I need one in my estate plan?

A HIPAA authorization is a written permission that allows designated individuals or organizations to receive your protected health information from healthcare providers. It is a separate document from powers of attorney and advance directives but is an important complement to them. Including a HIPAA authorization in your estate plan ensures that those tasked with making health or financial decisions on your behalf can obtain medical records needed to carry out their duties without unnecessary delays caused by privacy rules. Many people include a HIPAA authorization to facilitate communication between healthcare providers and appointed decision makers, to support claims or benefits related to medical conditions, and to help trustees or agents access documentation required for trust administration. Proper drafting and coordination with other estate documents promote smooth functioning when health-related events require timely access to records.

Name individuals who are likely to be available and capable of handling the responsibilities associated with accessing medical information, such as a spouse, adult child, or trusted friend. Identify alternates in case the primary designee is unavailable. Include full names and contact information to reduce confusion when providers verify requests. Consider whether any organizations should be listed, such as an insurer or long-term care facility, if they need direct access for claims or care coordination. Balance privacy concerns with practical needs by tailoring the recipient list to your circumstances and discussing choices with family members so they understand their roles and responsibilities.

A HIPAA authorization works together with an advance health care directive and a power of attorney by allowing the persons named in those documents to actually view the medical information needed to act. While an advance directive states your care preferences and a power of attorney names decision makers, neither guarantees access to medical records unless a HIPAA authorization permits disclosures to those persons. Coordinating the language across these documents ensures agents can rely on consistent authority and access. When executed together, they form a cohesive plan that clarifies who makes decisions and who can obtain the clinical information necessary to implement those decisions effectively.

Yes, you can limit the information released by specifying types of records, dates of service, or particular providers. Tailoring the scope allows you to protect privacy for sensitive matters while still giving necessary access for a defined purpose, such as a single hospitalization or treatment for a specific condition. Time-limited authorizations are another way to control disclosure, allowing access only for a set period. Work with counsel to balance privacy needs and practical access requirements so the authorization provides sufficient information without unnecessary disclosure of unrelated medical history.

To revoke or change a HIPAA authorization, follow the revocation instructions included in the document, which usually require written notice to your healthcare providers and a signed statement of revocation. Notify previously designated recipients and provide updated authorizations as necessary. It is helpful to keep proof of delivery when possible to confirm providers received the revocation. Because providers may rely on prior disclosures made before they received the revocation, act promptly and distribute the revocation to all relevant parties. Ensure your other estate planning documents reflect any changes to avoid conflicting authorities and to maintain clarity for those handling your affairs.

A HIPAA authorization can include expiration dates if you want the permission to be temporary, and some people choose time-limited forms for short-term needs. Alternatively, many authorizations are drafted to remain in effect until revoked to avoid interruptions in access when ongoing care or long-term administration is anticipated. Whether you include dates depends on your goals. If you prefer ongoing access tied to powers of attorney or trust administration, a continuing authorization may be appropriate. If you only need records for a specific task or period, adding an end date offers additional privacy control while still meeting the immediate need.

Hospitals and doctors generally accept properly completed HIPAA authorizations that meet federal requirements and include the patient’s signature and necessary identifying information. To reduce processing delays, include specifics such as provider names, types of records, and contact information for designated recipients. Clear language and complete forms make it easier for provider staff to verify and act on requests. If a provider questions a document’s validity, they may ask for identification or clarification from the named recipient. Working with counsel to prepare a provider-friendly authorization and providing copies to essential providers in advance can speed acceptance when records are needed quickly.

Naming organizations such as insurers or long-term care facilities on a HIPAA authorization can be appropriate when those entities need direct access to records for claims, eligibility reviews, or care coordination. Including organizations reduces the need for intermediaries and can expedite administrative processes that depend on medical documentation. However, be mindful of privacy implications and limit organizational access to what is necessary. Review whether naming an organization is essential for your goals and consider time limits or scope limitations to reduce long-term exposure of medical information to institutional recipients.

If you don’t have a HIPAA authorization and someone needs your records, providers may refuse to disclose information due to federal privacy rules unless another legal exception applies. This can delay decision-making and complicate matters such as benefit claims, guardianship proceedings, or the administration of trusts that depend on medical documentation. In those circumstances, family members or agents may need to pursue court orders or other legal mechanisms to obtain records, which can be time-consuming and stressful. Having an authorization in place helps avoid this uncertainty and provides a smoother path for those who need access for legitimate purposes.

Review your HIPAA authorization and related estate planning documents periodically and after major life events such as marriage, divorce, births, deaths, or changes in residence or healthcare providers. Regular reviews ensure your designees, scope, and distribution plans remain appropriate and effective for current circumstances. Scheduled reviews every few years can also catch legal or regulatory changes that might affect the form’s efficacy. Prompt updates and clear revocations of outdated authorizations reduce the risk of confusion and help ensure that authorized persons can reliably access records when needed.

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