[WSBAPT] Professional POA/Will for Psychotherapist?

[David Faber]

My client, a psychotherapist, wants to ensure that another licensed
psychotherapist can be lawfully authorized to access C's client files to
close down her practice in case of incapacity or death. I'm not familiar
with any rule that would allow C to waive HIPAA protections for her
patients in order to give that information to third parties, even if they
are other licensed professionals. Am I wrong in my thinking/is it possible
for C to write a professional POA/Will granting to her agent/PR access to
such protected information? My gut tells me that C instead needs to
disclose the identity of her agent(s)/personal representative(s) in the
documentation provided to her patients as a condition of treatment, and
also have the patients sign a HIPAA release/waiver in order for C to be
able to share their protected information with the third-parties.
Alternatively, are there carve-outs to HIPAA for sharing information
between professionals about which I am not aware?

Thank you!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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