Being confronted with hospital privacy rules while you or a loved
one are hospitalized can drive one to distraction, but a little
planning may help ease your exasperation.

Recently a friend of mine was hospitalized for a gallbladder
procedure. Going to visit her to lift her spirits sounded like a good
idea initially, but when I somehow ran afoul of the hospital's
stringent regulations regarding visitors, my best laid plans went awry.
After several attempts, I gave up. My grievous error was mentioning her
by name to the "wrong" nurse, and in so doing I'd violated my friend's
privacy. The hospital perceived me as a threat, simply because I have a
rather loud voice. Later when my friend wondered why I hadn't gone to
visit her, I explained, but my excuse seemed inadequate to say the
least.

If you or someone you care about has been hospitalized recently,
you've discovered that strict rules regarding patient privacy exist at
most hospitals. Sometimes bordering on the Kafka-esque, these arbitrary
regulations can seem like bureaucracy run amok, and in worst case
scenarios, can shut out patients from visitors entirely. Hospital
staffers are prohibited from dispensing information about patients to
extended family members and friends, if not also to closer relations
who may not possess proper identification. A frustrating trap of
"Catch-22" can dramatically increase anxiety levels as information
about people you care about is kept "confidential," sometimes for no
apparent logical reason except for the hospital's self-centered
liability concerns based upon strict laws regarding privacy.

Getting around strict privacy laws, however, is a doable proposition
if you enlist the aid of an Elder Law attorney. A reputable Elder Law
firm can suggest options that work and are perfectly legal. A
comprehensive Health Care Directive and a signed HIPAA Authorization
might be considered admission tickets to visiting your loved one or
else a viable way to ensure cooperation of hospital staffers when you
need it most. But creating these documents must be accomplished with
planning and a bit of finesse, a fait accompli prior to you or your
loved one ending up in a hospital.

An estate plan created by an Elder Law attorney would likely include
not only financial documents, but also the precise documents needed to
honor your wishes pertaining to medical care. If you wait until the
hospitalization is upon you, however, your procrastination can leave
you at the mercy of hospital staffers who may be sticklers for adhering
to the letter of the rules regarding privacy.

Gene Osofsky is an East Bay elder law attorney in California. Gene
Osofsky specializes in Medi-Cal planning, wills, probate, trusts,
nursing home issues, special needs planning, and disability planning.
To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.