Does a Health Care Power of Attorney cover Medicare?

Not necessarily. Medicare due to its privacy notice has its own form they want completed. A competent person can complete the form called 1-800-MEDICARE AUTHORIZATION to Disclose Personal Health Information. This allows the named agent to talk with Medicare, research, choose coverage, handle claims and file an appeal. Its best not to limit the information your agent might need, but you can. You can also state whether the authority is indefinite or for a specific period of time. There is NO FAX OR EMAIL SUBMISSION. You must mail the form so keep a second original at home. The individual has the right to revoke at any time in writing.
These forms are necessary even for spouses.
If the person is no longer able to give consent, then the attorney-in-fact can sign AND should attach a copy of the health care power of attorney (HCPOA). Note some HCPOAs require a doctor or two doctors’ statements to activate. Some durable powers of attorney for finance contain authority in these situations. A guardian should submit his or her certificate of authority when executing on behalf of the ward.
Once you put the initial form in place you can change, update and add Medicare representatives online through your account.
You still may not be done because each Medicare Advantage, Part D Plan for prescription drugs or supplement coverage seems to have its own form. It may be called authorization to release personal information. To complete this form check with the Plan’s member information or call a customer service representative.
Disclaimer: Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client. No attorney-client relationship is created by reading this column.

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