Caregiver Tip of the Month

Our visitors ask ...

Q. My elderly mother lives several hundred miles away in another state. She is very frail, but her mental health is pretty good. She's going to have major surgery soon and will need to stay in the hospital a few days to begin her recovery which she will complete in a skilled nursing facility. But, she's having some difficulty explaining exactly what her surgery is for, and I can't get any information from her doctor, or what to expect during her recovery. They keep saying they can't tell me anything because of HIPAA and patient privacy laws. What's this all about? I only want to help my mother.

A. In our opinion, the patient protection regulations that resulted from HIPAA are an excellent example of the best of intentions gone bad. (HIPAA stands for the Health Insurance Portability and Accountability Act of 1996; like many other federal laws, it covers a wide range of topics in addition to its primary purpose – health insurance reform.)

HIPAA works very well in that it prevents unauthorized people from learning about your private medical information. For example, a drug company can't get information about any illness you have so they can send you junk mail trying to sell you their latest "miracle" cure. And, telephone sales people can't get your personal medical information so they can try to sell you the latest herbal concoction that's guaranteed to cure everything from warts to hair loss to flat feet – and more.

Where HIPAA doesn't work is that your spouse and other members of your family are automatically included in the list of unauthorized people. While a few health care professionals may bend the rules slightly if you have the same last name as their patient, married daughters with different last names face an impossible hurdle. As just one example of the difficulties caused by HIPAA, I know a doctor in Florida whose husband was hospitalized in California; the hospital would not tell her anything by phone even though he was temporarily unconscious and could not give the hospital permission to talk to his wife.

Is there a solution? YES! In fact, there are two.

First, don't wait until you are faced with a medical emergency. Every time you and your loved visit a doctor, hospital, medical lab, etc., ask them for whatever form your loved one has to sign for them to talk with you about your loved one's medical affairs. Important note: Unfortunately, each form your loved one signs applies only to that particular health care provider; if your loved one has several health care providers, he or she will need to sign a permission form for each one of them. And, if you have brothers or sisters, be sure to include their names on each permission form your loved one signs.

Second, if your loved one has any of these documents,

— Durable power of attorney for health care
— Living will
— Trust(s)

and he or she is still mentally competent, each document should be reviewed at the earliest possible date by an attorney who specializes in elder law to be certain that the necessary HIPAA language has been included. If it isn't there when it becomes necessary to utilize the document, doctors and lawyers won't be able to communicate with each other, and it is very likely that your loved one's instructions in those documents will not be followed.

Daily Living Solutions

— products for seniors —

As we grow older, it often becomes difficult to use many everyday products because of arthritis and other conditions. If you or a loved one needs a little help – or a lot – we've selected a group of practical and affordable solutions from our affiliated merchants to help overcome those limitations.

Whether you are looking for yourself, or to help an elderly senior continue living in their own home, you'll find a wide variety of supplies and accessories – raised toilet seats, safety rails, incontinence supplies, large-handle eating utensils, pain relief, diabetic supplies, pill splitters and crushers, big-button telephones, canes, walkers, rollators, wheelchairs – and much more.

Everything is sorted into convenient categories in our Solutions for Seniors section.

Caregiving – Finding the money for care at home

A variety of resources can help pay for care at home. We discussed these resources in some detail beginning with the May 2004 issue of this newsletter and continuing each month through the August issue. To review these newsletters, simply click on Archives and select the issue you want to see.

Elder Law Attorneys

Throughout our website and often in these newsletters, we frequently recommend consulting with an attorney who specializes in elder law. These attorneys specialize in the needs of older adults, such as public benefits, probate and estate planning, guardianship and conservatorship, and health and long-term care planning. To locate one, check the yellow pages in your local telephone directory, or go to the National Academy of Elder Law Attorneys' website. On their home page for the public, you'll find a link in the upper left corner (just below their logo) that will help you locate an elder law attorney.

Caregiver Tip #2

Helpful tips when moving to a new city ...

#1 – Transferring medical records. If you ask your loved one's health care providers to copy his or her medical records, most providers will charge a fee; a typical charge is $1 per page. On the other hand, if a new health care provider asks your loved one's old doctors or hospitals for the same medical records, most will make the copies for free as a professional courtesy.

#2 – Oxygen. If your loved one's move involves an airline flight, plan the trip well in advance, particularly if he or she is frail, requires oxygen or needs other special assistance. Many airlines, but not all, can accommodate your loved one's needs. There may, however, be special rules that your loved one will have to comply with to travel by air. For example, the airline might require a health certificate from your loved one's primary physician stating that it is safe for them to fly. And, if your loved one requires supplemental oxygen, federal security regulations prohibit passengers from carrying their own oxygen bottle on board the airplane. Instead, their oxygen will be supplied by special equipment on the plane. And, you will have to make arrangements to have a new oxygen bottle available for your loved one after landing. Be patient – because of security regulations, your loved one may have to wait until they reach the baggage claim area before getting their new oxygen bottle.

#3 – Pets. Not all airlines will transport your loved one's pet. Even those that will have special requirements regardless of whether the pet will be travelling in the cargo area or, if small enough, in the cabin in an under-the-seat carrier. Once again, talk with the airline well in advance of the trip to give you enough time to comply with their rules. For example, if your loved one is moving to a new state, you may need to update all of his or her pet's shots and get a state health certificate for each animal. The airline may also require that each animal be sedated for the trip; if so, talk with your loved one's veterinarian about the sedatives and how they are to be administered. And, instead of a plastic or metal pet carrier, you may want to consider using a soft-sided carrier, particularly if a pet will be transported under the seat in the plane's cabin. A wide variety are available online at Sherpapet.net (click on the link, then click on "Carriers" under their "Products" category at the top of their home page).

#4 – Moving to a new state. If your loved one is still mentally competent, any of the following legal documents that he or she signed in the old state must be redone to conform to the new state's laws.

• — Will
  — Durable power of attorney for finances
  — Durable power of attorney for health care
  — Living will
  

How quickly should your loved one get their new documents prepared? It depends in part on your loved one's state of health – the more frail he or she is, the more urgently the task needs to be done. Remember, if your loved one passes away before their documents can be redone, their final wishes will usually NOT be honored. The courts in their new state will not look back to see what their wishes were in the state where they used to live.

If you have a suggestion that could help our readers when moving their loved ones, please let us know. Email your suggestion to us at editor@AgingSolutions.info

Recommended Reading and Videos

Many excellent books and videos can help guide you through the caregiving process. For our recommendations, including a brief description of each one, click here.

The material on this site is for informational purposes only, and is intended as a supplement, not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. More