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Title: Estate Planning and the Role of HIPAA Authorizations, DNRs, and Durable Medical Power of Attorneys

 

Presenter: Rachel V. Rose, JD, MBA – Attorney at Law

 

Time: 57:00 minutes

 

Description:
Estate planning requires careful consideration of state and federal laws, including HIPAA. Rachel Rose, Attorney at Law, discusses estate planning documents, decision-making capacity, and common pitfalls to avoid in this process.

 

Objectives:

 

  • Discuss estate planning considerations.

  • Appreciate why decision-making capacity is material.

  • Learn how to avoid common pitfalls and create a checklist for client and personal use.

 

Key Topics:

•  Estate Planning Considerations – Forms, Laws, Asset Protection

•  Threshold Issue

•  45 CFR

•  HIPAA Authorization Forms

•  Health Information of Deceased Individuals

•  DNR

•  Two General Types of Trusts

•  Proactive Estate Planning Tools

•  Decision-Making Capacity

•  The Intersection of Decision-Making Capacity, Informed Consent, and Competence

•  DMC

•  Informed Consent

•  Dementia vs. Alzheimer's Disease

•  Physicians and AMA Considerations

•  Texas Rule 1.16

•  Texas Bar

•  Common Pitfalls and Checklists

•  Landmines

•  Succession, Governance, Inheritance

•  Fraudulent Transfers

•  Prudent Checklist Items

•  Conclusion

 

 Presenter:

 

Rachel V. Rose, JD, MBA - Principal

 

Ms. Rose has a unique background. Throughout her career, she has accumulated knowledge in a multitude of fields, with an emphasis on various facets of healthcare. Her experience includes:

 

  • Working on Wall Street and at one of the "Big Four" consulting firms
  • Producing for the Chairman of the Reform and Oversight Committee on Capitol Hill
  • Interning at the Department of Health and Human Services
  • Compiling policy papers at the Royal College of Nursing in London
  • Consultative work as a top performing representative for the pharmaceutical and medical device industry
  • Clerking for the Honorable Linda R. Allan (6th Judicial Circuit, FL)

 

Prior to opening her law firm, Ms. Rose was Director of Business Development and Assistant General Counsel for a healthcare advisory company. 



Ms. Rose is extensively published and presents on a variety of healthcare, False Claims Act, and securities law topics, including: cybersecurity, qui tam,   physician reimbursement, ICD-10, access to care, anti-kickback and Stark laws, U.S. Supreme Court cases impacting the medical device industry, international comparative healthcare laws, and the HIPAA/the HITECH Act.