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| (4) AGENT'S OBLIGATION: My agent shall make health-care | decisions for me in accordance with this power of attorney for | health care, any instructions I give in Part 2 of this form and my | other wishes to the extent known to my agent. To the extent my | wishes are unknown, my agent shall make health-care decisions for | me in accordance with what my agent determines to be in my best | interest. In determining my best interest, my agent shall consider | my personal values to the extent known to my agent. |
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| | (5) NOMINATION OF GUARDIAN: If a guardian of my person needs | to be appointed for me by a court, I nominate the agent | designated in this form. If that agent is not willing, able or | reasonably available to act as guardian, I nominate the alternate | agents whom I have named, in the order designated. |
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| | (6) HEALTH INFORMATION AND OTHER MEDICAL RECORDS: In | addition to the other powers granted by this document, I grant to | my agent the power and authority to serve as my personal | representative for all purposes of the federal Health Insurance | Portability and Accountability Act of 1996, 42 United States | Code, Section 1320d et seq., "HIPAA," and its regulations, 45 | Code of Federal Regulations 160-164, during any time that my | agent is exercising authority under this document. I intend for | my agent to be treated as I would be with respect to my rights | regarding the use and disclosure of my individually identifiable | health information and other medical records. This release | authority applies to any information governed by HIPAA. |
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| I authorize any physician, health-care professional, dentist, | health plan, hospital, clinic, laboratory, pharmacy or other | covered health-care provider, any insurance company and any | health-care clearinghouse that has provided treatment or services | to me or that has paid for, or is seeking reimbursement from me | for, such services to give, disclose and release to my agent, | without restriction, all of my individually identifiable health | information and medical records regarding any past, present or | future medical or mental health condition, to include all | information relating to the diagnosis and treatment of HIV/AIDS, | sexually transmitted diseases, mental illness and drug or alcohol | abuse. |
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| The authority given to my agent supersedes any prior agreement | that I may have made with my health-care providers to restrict | access to or disclosure of my individually identifiable health | information. The authority given to my agent has no expiration | date and expires only in the event that I revoke the authority in | writing and deliver it to my health-care providers. |
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