LD 1916
pg. 48
Page 47 of 49 PUBLIC Law Chapter 688 Page 49 of 49
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LR 2678
Item 1

 
(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.

 
(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.

 
(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.

 
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.

 
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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