| 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.
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Appreciate why decision-making capacity is material.
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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.
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