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Comprehensive Guide to HIPAA Authorization in Ojai Estate Planning

A HIPAA Authorization is an important estate planning document that lets you name who may access your protected health information if you become unable to handle your affairs. At the Law Offices of Robert P. Bergman we help clients in Ojai and Ventura County understand how a properly drafted HIPAA Authorization works alongside living trusts, powers of attorney and advance directives. This document ensures medical providers can legally share medical records with the people you trust, reducing delays in care and avoiding disputes during stressful times. Thoughtful planning now avoids confusion later and supports continuity of care.

HIPAA Authorization forms are designed to comply with federal privacy laws while reflecting your individual preferences about who receives health information and how broadly that information may be disclosed. In the context of a full estate plan including a revocable living trust, pour-over will, and advance health care directive, a clear HIPAA Authorization prevents providers from refusing to speak with family members or agents. For Ojai residents, preparing this authorization alongside other documents ensures a coordinated approach to medical decision communication and record access across local hospitals, clinics, and health systems in Ventura County.

Why a HIPAA Authorization Matters in Your Estate Plan

A HIPAA Authorization provides legally recognized permission for designated individuals to obtain protected health information from medical providers. This access supports caregivers and decision makers by giving them the information needed to make informed choices and coordinate care. Without such authorization, providers may decline to release records even to close family members, which can delay treatment or complicate transitions of care. Including a HIPAA Authorization with a living trust, power of attorney, and advance directive reduces misunderstandings, streamlines communications with medical teams, and helps ensure your health preferences and medical history are available when they are most needed.

About the Law Offices of Robert P. Bergman and Our Practice

The Law Offices of Robert P. Bergman assists clients across California with estate planning matters that include HIPAA Authorizations, living trusts, wills, powers of attorney and related documents. Our approach focuses on clear communication and practical solutions, helping families in Ojai and Ventura County arrange documents that work together. We emphasize careful drafting to reduce ambiguity and potential disputes, and we explain how each document functions in real-world medical and financial situations. Clients can expect straightforward guidance on coordinating HIPAA permissions with advance health care directives, guardianship nominations and trust-related documents.

Understanding HIPAA Authorization and How It Works

A HIPAA Authorization is a written form that gives designated people permission to receive your medical information from providers, hospitals, and insurers. It is distinct from a health care directive and does not itself appoint a decision maker; rather, it ensures authorized individuals can access medical records to support decisions or to coordinate care. HIPAA Authorizations can be limited in scope by type of information, time period, and purpose. For estate planning in Ojai and Ventura County, this authorization should be coordinated with your powers of attorney and advance directives so information access aligns with who will act on your behalf.

Drafting a HIPAA Authorization requires attention to detail about whom you name, what records they may obtain, and how long the authorization remains effective. Some people choose a broad authorization to permit ongoing medical record access, while others prefer narrowly tailored permissions for specific providers or situations. For those with trusts, pour-over wills, or guardianship nominations, a HIPAA Authorization reduces friction between medical providers and family members or appointed agents. In Ojai, coordinating these documents with local medical facilities ensures seamless information flow during emergencies or routine care transitions.

What a HIPAA Authorization Actually Authorizes

A HIPAA Authorization is a legally recognized consent that authorizes covered entities to disclose an individual’s protected health information to the persons or entities named in the authorization. It typically specifies the recipient, the scope of information, the duration, and any purpose limitations. This differs from general release forms because HIPAA sets strict requirements on how such authorizations are structured and executed. In practice, a properly written authorization allows family members, agents under a power of attorney, or others to obtain medical records and speak with providers, helping to ensure complete and timely information sharing during medical decision making.

Key Elements and Steps for Implementing a HIPAA Authorization

Key elements of a HIPAA Authorization include a clear designation of the person or entity permitted to receive information, the specific categories of information to be disclosed, a stated expiration or event triggering termination, and the individual’s signature and date. The process typically involves identifying appropriate designees, deciding the scope of access, and ensuring copies of the signed authorization are provided to primary care providers, hospitals, and any relevant insurers. Regular review is recommended so the authorization continues to reflect current wishes and addresses any new providers or changes in care arrangements.

Glossary of HIPAA and Related Estate Planning Terms

Understanding common terms used in HIPAA Authorizations and in connected estate planning documents helps clarify roles and expectations. Terms covered here include authorization, protected health information, covered entity, agent, advance healthcare directive, power of attorney and pour-over will. Each term plays a particular role in the flow of medical information and decision making. Learning these definitions helps residents of Ojai and Ventura County choose the right document scope and coordinate authorizations with living trusts, certifications of trust, and other estate planning tools.

Protected Health Information (PHI)

Protected Health Information, often abbreviated as PHI, refers to information about a person’s health status, health care provision, or payment for health care that can be linked to an individual. PHI includes medical records, lab results, diagnosis codes, and billing information. Under federal privacy laws, covered entities may not disclose PHI without a valid authorization, except in limited situations. A HIPAA Authorization explicitly permits such disclosures to named recipients, making PHI accessible to those who need it to provide care or support decision making on behalf of the individual.

Covered Entity

A covered entity is a health plan, health care clearinghouse, or health care provider that transmits health information electronically in connection with certain transactions. Hospitals, clinics, physicians and insurers commonly fall within this category. Covered entities must comply with HIPAA privacy regulations and will only release PHI pursuant to permissible purposes or valid authorizations. When preparing a HIPAA Authorization in Ojai, it is important to understand which local providers are covered entities and to ensure they receive appropriately executed authorizations so records can be released when needed.

Agent under Power of Attorney

An agent under a power of attorney is the person authorized to act on behalf of someone else for specified financial or medical matters. While a health care agent makes medical decisions under an advance directive, a HIPAA Authorization focuses on access to health information. Naming the same person as both agent and authorized record recipient provides continuity, allowing that person to obtain records and then use the information to make informed decisions. Careful coordination between the power of attorney and HIPAA Authorization improves the efficiency of medical care and record access.

Advance Health Care Directive

An advance health care directive sets out your medical care preferences and designates someone to make health care decisions if you cannot do so. The directive addresses treatment choices, life-sustaining measures, and the identity of a decision maker. A HIPAA Authorization complements this directive by granting access to medical records so your appointed decision maker can make informed choices consistent with your stated wishes. Including both documents in your estate plan in Ojai ensures that decision makers have both legal authority and access to necessary medical information.

Comparing Limited and Comprehensive Approaches to HIPAA Authorization

When deciding how to structure a HIPAA Authorization, individuals may choose a limited approach that narrowly defines recipients and scope, or a comprehensive approach that grants broader access across time and providers. A limited authorization may be suitable for a specific episode of care or a narrow purpose. A more comprehensive authorization can reduce the need for repeated paperwork and simplify ongoing communications with health care teams. Evaluating the practical needs of family caregivers, agents, and health care providers in Ojai helps determine which approach best balances privacy and accessibility.

When a Narrow HIPAA Authorization Makes Sense:

Specific, Short-Term Medical Situations

A limited HIPAA Authorization can be appropriate when access to records is needed only for a defined event, such as a single surgery, a specific course of treatment, or a short hospital stay. Narrow authorizations reduce unnecessary disclosure by specifying which provider and what records are covered, and they expire automatically after the event. For Ojai residents facing a temporary medical event, this approach offers targeted access to needed information without granting open-ended permission that could lead to wider disclosure than intended.

Privacy-Focused Preferences

Individuals who prioritize strict control over their medical records may choose a limited HIPAA Authorization that permits access only to a narrow set of parties for a specific purpose. This is helpful for those who want to keep certain medical information private while still enabling necessary communications for defined reasons. In practice, the limited approach can reduce the scope of disclosure while still allowing appointed caregivers or legal agents to obtain records when tightly defined criteria are met, supporting both privacy and functionality.

Reasons to Include HIPAA Authorization in a Comprehensive Estate Plan:

Ongoing Medical Management and Care Coordination

A comprehensive HIPAA Authorization supports ongoing care coordination by allowing designated agents to access medical records from multiple providers and over time. This continuity is particularly valuable for chronic conditions, complex care needs, or when multiple specialists are involved. By including broad access in a unified estate plan alongside powers of attorney and advance directives, the person you trust can collect and share relevant records, communicate consistently with health care teams, and act in line with your health care preferences without repeated administrative hurdles.

Preparing for Unexpected Changes in Health or Capacity

Life changes can be unpredictable, and a comprehensive authorization ensures that trusted individuals can obtain vital medical information when circumstances change suddenly. This preparedness helps families avoid delays at critical moments by ensuring continuity in information access across hospitals, clinics, and long-term care facilities. For Ojai and Ventura County residents who want a durable solution that adapts to evolving care needs, a comprehensive authorization integrated with trust documents and guardianship nominations reduces uncertainty and helps maintain consistent communication among those involved in care.

Benefits of Coordinating HIPAA Authorization with a Full Estate Plan

Coordinating a HIPAA Authorization with a living trust, advance health care directive, and powers of attorney creates a cohesive framework for medical decision making and information access. This coordination makes it clear who has authority, who can access records, and how medical preferences should be applied. The result is reduced administrative friction, fewer disputes among family members, and faster, more informed decisions in medical settings. For those with retirement plan trusts, irrevocable life insurance trusts or special needs trusts, a well-integrated authorization helps ensure caregivers and trustees have the information they need.

A comprehensive approach also simplifies updates and reviews because related documents are designed to work together. When changes are needed—such as updating an agent, modifying the scope of access, or adding a new provider—those adjustments can be made with an understanding of how all documents interact. This integrated planning reduces the chance of conflicting instructions and provides families in Ojai with confidence that medical communications will proceed smoothly when they are needed most.

Clear Communication with Health Care Providers

A comprehensive HIPAA Authorization enables clear and direct communication with health care providers by granting named individuals timely access to medical records. This access allows them to present accurate history, coordinate follow-up care, and communicate preferences set out in advance directives. Eliminating ambiguity about who may receive information helps reduce delays and confusion during clinical interactions. For families managing complex medical needs or coordinating care across multiple providers in Ventura County, this clarity can significantly ease the burden of day-to-day health care management.

Fewer Administrative Barriers During Crises

When medical crises occur, administrative hurdles can consume time and add stress. A comprehensive HIPAA Authorization minimizes these barriers by pre-authorizing disclosure to designated individuals, avoiding the need for ad hoc releases or court interventions. This streamlined access reduces delays in obtaining records needed for diagnosis, transfer, or treatment decisions. In urgent situations, having clear documentation in place allows family members and agents to work effectively with hospital staff and clinics so decisions are based on complete and timely information.

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Practical Tips for Managing Your HIPAA Authorization

Name Trusted Individuals and Be Specific

When preparing a HIPAA Authorization, choose individuals you trust to access sensitive medical information and be explicit about the scope of records they may obtain. Include full names and contact details to reduce ambiguity when providers process requests. Consider whether you want a broad authorization that covers multiple providers over time or a limited authorization for a specific provider or event. Providing clarity in the document reduces delays and ensures the people you select can act on your behalf without facing unnecessary obstacles from covered entities.

Coordinate with Other Estate Planning Documents

Make sure your HIPAA Authorization is consistent with your power of attorney and advance health care directive so designated decision makers have both the authority and the information they need. Update related documents together whenever you make changes to agents or preferences. Provide copies to primary care providers, hospitals, and family members so the authorization is available when needed. This coordination prevents gaps between legal authority and access to records, helping ensure seamless communication and informed decision making during medical events.

Review and Update Regularly

Life events such as marriage, divorce, relocation, or changes in health may require updates to your HIPAA Authorization. Periodically review who is named, the listed providers, and the expiration or triggering conditions for disclosure. When you add new health care providers or change insurance, provide updated authorizations to those providers to maintain uninterrupted access. Keeping the authorization current reduces the risk that a designated person will encounter denied requests or outdated contact information when trying to obtain records.

Why Ojai Residents Should Consider a HIPAA Authorization

Preparing a HIPAA Authorization provides legal clarity about who may access your medical records, helping family members and appointed agents manage care efficiently. For people with chronic conditions, multiple providers, or potential future incapacity, this document ensures that those responsible for care have the information required to make timely decisions. Without a signed authorization, hospitals and medical practices may refuse to disclose records to otherwise well-intentioned family or friends, creating delays and unnecessary stress during critical moments.

A HIPAA Authorization also reduces the need for repeated paperwork and ad hoc releases during ongoing care. By integrating the authorization with a living trust, power of attorney, and advance directive, you create a coordinated plan that aligns decision-making authority with information access. This integrated arrangement helps avoid conflicts and streamlines the practical tasks of caregiving, record retrieval, and communication with medical teams across Ventura County facilities.

Common Situations Where a HIPAA Authorization Is Helpful

Situations that commonly require a HIPAA Authorization include hospitalization, transitions to rehabilitation or long-term care, management of chronic illness, coordination among specialists, and planning for potential incapacity. Families often need access to detailed records to provide accurate background to new providers or to support second opinions. A signed authorization ensures that providers can legally release records to those involved in care, helping to maintain continuity and avoid unnecessary delays in diagnosis or treatment decisions.

Hospital Admission or Emergency Care

During hospital admissions or emergency care, timely access to medical history and records can influence immediate treatment decisions and coordination of care. A HIPAA Authorization allows designated persons to obtain relevant records quickly and speak with treating clinicians. This access helps ensure that admitting staff have accurate medical background, current medication lists, and relevant test results, which can be essential for safe and effective emergency treatment and for avoiding redundant testing or delays.

Ongoing Care for Chronic Conditions

For individuals with chronic health conditions, frequent communication between multiple providers is often necessary. A HIPAA Authorization enables caregivers and agents to gather records from various specialists and clinics, facilitating informed care coordination. This consolidated information helps prevent medication errors, ensures consistent treatment approaches, and supports scheduling for follow-ups. In many chronic care situations, the ease of access a HIPAA Authorization provides can improve health outcomes by enabling quicker and more coordinated responses to changes in condition.

Care Transitions and Long-Term Planning

Transitions from hospital to home care, rehabilitation facilities, or long-term care settings require the transfer of clear and complete medical information. A HIPAA Authorization allows authorized individuals to collect and provide necessary records to receiving providers, helping ensure appropriate care plans are continued without interruption. Clear authorization documents also reduce administrative hold-ups that can delay transitions, allowing families to focus on arranging the best care environment and support for their loved ones.

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HIPAA Authorization Assistance for Ojai Residents

The Law Offices of Robert P. Bergman provides guidance to Ojai and Ventura County residents on preparing HIPAA Authorizations that align with their broader estate plans. We explain how the authorization interacts with advance health care directives, powers of attorney, living trusts, and other planning documents such as pour-over wills and certifications of trust. Our role includes helping you identify appropriate designees, tailoring the document scope to your needs, and ensuring providers receive the necessary paperwork so access is available when it matters most.

Why Work with Our Office for Your HIPAA Authorization

Choosing representation familiar with California estate planning and HIPAA practices helps ensure your authorization is drafted in a way that aligns with state and federal requirements and local provider procedures. We help clients in Ojai and across Ventura County navigate the practical aspects of disclosure, including how to coordinate the authorization with health care agents and trust arrangements. Our approach emphasizes clarity and practical usefulness rather than legal jargon, so your documents are usable in real medical situations.

We also assist with delivering and documenting authorizations to primary care providers, hospitals, and specialists so there is a record that these parties have received the appropriate permissions. This step reduces administration and helps avoid situations where an otherwise granted access is denied simply because providers lack a copy of the signed authorization. Providing clear copies to the right organizations reduces friction and speeds up information sharing when immediate access is important.

Finally, we review your entire estate plan to ensure consistency between the HIPAA Authorization and related documents such as advance directives, powers of attorney, and trust instruments. When all documents are aligned, the people you select to make decisions or access records will be able to act with confidence and minimal delay, protecting your interests and supporting effective care coordination when it is needed most.

Get Help Drafting a HIPAA Authorization for Ojai and Ventura County

How We Prepare HIPAA Authorizations at Our Firm

Our process begins with a conversation about your medical, family, and planning goals so the HIPAA Authorization reflects your preferences and practical needs. We review who should receive access, which providers are involved, and how long the authorization should last. After drafting, we explain the document in plain language, advise on distribution to medical providers, and suggest periodic review. We also coordinate updates with other estate planning documents to maintain consistency across your plan and to minimize future administrative burdens for your designated agents.

Step One: Initial Consultation and Information Gathering

The first step involves gathering information about your health care providers, the people you want to authorize, and any specific limitations or durations you prefer. We discuss how the authorization will interact with power of attorney and advance directive provisions. This conversation helps us select wording that meets your privacy expectations while remaining practical for providers who must process requests. We also address where copies should be sent and whether additional documents such as HIPAA-compliant forms from specific hospitals are needed.

Identify Authorized Recipients and Scope

We work with you to identify who should be authorized to receive records and what categories of information are included. Choices may include authorizing one person, multiple family members, or a named agent, and may specify particular providers or types of records. By clarifying recipients and scope at the outset, the authorization can be drafted to minimize ambiguity and avoid disputes or denials when records are requested from covered entities.

Address Duration and Triggering Events

A key decision involves how long the authorization remains effective and whether it ends upon a specific event, such as recovery, revocation, or the appointment of a guardian. We discuss whether to include renewable terms and how to document revocation instructions so your preferences can be followed easily. Clear duration and termination language prevents unintended long-term disclosures and ensures your authorization aligns with changing circumstances or preferences.

Step Two: Drafting, Review and Execution

After we draft the HIPAA Authorization, we review it with you to confirm names, scope, duration, and distribution instructions. We make revisions as needed to ensure the document is clear and usable by covered entities. We advise on signing procedures and witness or notary requirements if any provider requests such formalities. Once signed, we help you distribute copies to primary care physicians, hospitals, and other relevant providers to put the authorization into practical effect.

Drafting Clear, Provider-Friendly Language

Clear drafting helps ensure hospitals and clinics accept and process the authorization without unnecessary questions. We write the document using provider-friendly language that identifies covered entities, specifies the records or categories requested, and includes clear dates and signature blocks. When needed, we incorporate provider-specific requirements so the authorization will be honored by the relevant institutions.

Distributing and Documenting Receipt

We recommend providing signed copies to primary providers and obtaining confirmation of receipt when possible. Documenting which offices have copies reduces delays when records are later requested by an authorized person. We can prepare an informational cover letter for providers explaining the context of the authorization and how it relates to other estate planning documents, helping minimize administrative pushback during urgent needs.

Step Three: Ongoing Review and Updates

Once the authorization is executed and distributed, it is important to review it periodically or when circumstances change. Life events such as changes in relationships, new health care providers, or changes in capacity may require updates. We provide guidance on when to revise the document and how to manage revocation or replacement. Maintaining current authorizations ensures continued effectiveness and alignment with your overall estate planning goals.

Periodic Reviews and Triggered Revisions

Schedule reviews of your HIPAA Authorization whenever you update related estate planning documents or encounter major life changes. During reviews we confirm designees are still appropriate, update provider lists, and revise duration terms if necessary. Regular maintenance prevents gaps in access and keeps the authorization synchronized with powers of attorney and advance health care directives so your plan remains cohesive and practical.

Handling Revocations and Replacements

If you need to revoke or replace a HIPAA Authorization, it is important to follow the procedures outlined in the document and to notify providers in writing. We assist with drafting revocation notices and preparing replacement authorizations so designated parties and providers are informed. Proper revocation documentation reduces the risk that an old authorization will continue to be relied upon and ensures your current preferences are honored by covered entities.

Frequently Asked Questions About HIPAA Authorizations

What is a HIPAA Authorization and why do I need one?

A HIPAA Authorization is a written consent that allows covered entities to disclose your protected health information to designated individuals or organizations. It specifies who may receive the records, the types of information disclosed, and the time frame or conditions for disclosure. This document is particularly useful in situations where family members or appointed agents need access to medical records to manage care, coordinate treatment, or make informed decisions on your behalf. Without a valid authorization, providers may refuse to share records even with close relatives. Having a HIPAA Authorization in place prevents delays and clarifies who is permitted to obtain sensitive medical information. It complements other estate planning documents by focusing specifically on access to records rather than on decision-making authority. Preparing and distributing the authorization proactively ensures that, when the need arises, the right people can obtain records promptly and communicate effectively with health care providers.

A HIPAA Authorization and an advance health care directive serve different but complementary roles. The authorization permits disclosure of medical records, while the advance directive sets out treatment preferences and may name a health care decision maker to make choices if you cannot do so yourself. The authorization does not by itself appoint decision-making authority, and the directive does not by itself guarantee access to records. Each document addresses a separate practical need in medical situations. Using both documents together provides a complete framework for medical communication and decisions. The authorization ensures access to records, and the directive ensures that a designated person can use that information to act consistently with your preferences. Coordinating language across documents reduces confusion and supports efficient care coordination.

Name people whom you trust to access sensitive health information and who are likely to be available and willing to act on your behalf. Many people designate a spouse, adult child, sibling, or a close friend. Consider also naming alternates in case a primary designee is unavailable. Provide full names and contact information to reduce ambiguity and to help providers verify requests when records are requested. Think about the practical role each person will play. If someone will be coordinating care across multiple providers, confirm they are comfortable handling medical information and communicating with clinicians. For complex medical situations you may choose to name multiple recipients or limit recipients for specific providers to balance privacy and information flow.

Yes, a HIPAA Authorization can be tailored to limit the types of information disclosed. You can specify categories such as lab results, mental health records, substance abuse treatment records, or billing information, and you can limit disclosure to particular providers or time periods. Narrowing the scope helps protect privacy while still allowing access to the information needed for specific purposes or episodes of care. Consulting about scope is helpful because overly broad or overly narrow authorizations can create practical difficulties. We can help draft clear language that reflects your privacy preferences while remaining usable by covered entities when disclosures are requested, preventing denials based on vague or impractical descriptions.

The duration of a HIPAA Authorization can be based on a specific end date, a triggering event, or it can be open-ended until revoked. Some people choose short-term authorizations tied to a particular episode of care, while others prefer longer-term permissions to avoid repeated paperwork. Selecting an appropriate duration depends on your circumstances and the likelihood of ongoing need for access to records. Because circumstances change, it is wise to review and update the authorization periodically. If you expect indefinite access needs, consider language that allows for review and renewal. We can help you decide on duration language that balances convenience with control over disclosures.

You can generally revoke a HIPAA Authorization at any time by providing written notice to the covered entities and to the people you authorized, unless the authorization states otherwise or if disclosures have already been made in reliance on the authorization. It is important to follow the revocation instructions contained in the authorization to ensure providers are aware of the change and stop further disclosures. Properly documenting a revocation and distributing it to relevant providers reduces the risk that old authorizations will continue to be used. When changes occur, we assist clients in preparing revocations and replacement authorizations so the current wishes are clearly reflected in provider records.

Some hospitals and health systems use their own HIPAA-compliant forms, while other providers accept a properly drafted authorization that meets HIPAA standards. Using a form provided by the provider can sometimes speed processing, but such forms may contain limitations or require specific wording. We can prepare an authorization that meets federal requirements and adapt language to provider-specific preferences when necessary. When provider-specific forms are required, we review and complete them with you to ensure they align with your overall plan. Delivering a copy of the signed authorization to providers and retaining a record of distribution helps ensure consistent application when records are requested.

It is recommended to provide copies of your signed HIPAA Authorization to primary care providers, specialists, and hospitals where you receive care. Doing so in advance reduces administrative delays when records are needed and helps ensure your designation is on file. Storing copies with your estate planning documents and informing family members or agents of the authorization’s location can further streamline access during emergencies. If you are uncomfortable distributing copies broadly, at minimum provide a copy to your primary care provider and a trusted designee. We can advise on a distribution plan that balances accessibility with privacy concerns and help document where copies were sent.

A HIPAA Authorization provides access to medical records, while a power of attorney appoints an agent to handle financial or medical matters depending on its scope. When the same person is named in both documents, they can both access records and make decisions based on those records, creating practical alignment. It is important that language and timing in both documents are coordinated so the agent’s access and authority operate together when needed. We review both documents together to ensure the agent named under a power of attorney has the information necessary to act, and we draft the authorization so providers will release records to that agent. Clear coordination avoids situations where an appointed decision maker lacks access to the records needed to carry out their duties effectively.

If someone requests your medical records without a valid HIPAA Authorization, covered entities will typically refuse to disclose protected health information unless another legal exception applies, such as a court order or a public health necessity. Family members often encounter this barrier if there is no signed authorization allowing disclosure. Providers must protect patient privacy and will not release records without appropriate legal permission. In such cases, you can sign and deliver a HIPAA Authorization to permit disclosure going forward, or an appointed decision maker under a properly executed power of attorney may be able to obtain records if the power of attorney includes authority to access medical information. We can advise on options to obtain records in a timely manner while respecting privacy rules.

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