Protecting the Privacy of Health Records with the Rise of AI

Home » Blog » Protecting the Privacy of Health Records with the Rise of AI
AI
KS and MO Attorney Kyle E Krull

Written by Kyle Krull

Attorney & Counsellor at Law Kyle Krull is founder of Harvest Law KC, an Estate Planning Law firm located in Overland Park, KS. Estate Planning Attorney Kyle Krull has provided continuing education instruction to attorneys, accountants, and financial professionals at local, state, and national programs.

Get To Know Kyle!
POSTED ON: October 1, 2026

As AI becomes more involved in healthcare, patients and families have new reasons to consider how sensitive health information is collected, stored, shared, and protected.

People should seek to better understand the relationship between AI and their health records.

Healthcare is deeply personal.

As such, medical records contain sensitive information related to medications, appointment dates, and diagnoses.

While artificial intelligence is being utilized with greater frequency by healthcare providers to analyze and process information, the matter of how records are handled by AI is becoming increasingly relevant.

Health information security matters whether patients are young or old.

Families are better equipped to protect patient privacy and navigate healthcare decisions when they understand who has access to healthcare information and when they establish appropriate legal authority.

AI is being integrated into many healthy record systems.
Healthcare organizations are increasingly using AI to support analyzing and processing health information for patients.

AI Is Changing How Health Information Is Used

Many healthcare organizations are using artificial intelligence to support administrative processes, identify patterns, analyze medical information, and help clinicians make treatment decisions.

AI applications require large amounts of patient data.

As artificial intelligence systems process more health information, it becomes more important to understand who can access it and how it is stored.

In reality, most patients have little to no idea how AI uses their data.

Health Records Contain Highly Personal Information

Current health conditions are only one aspect of medical records.

Comprehensive health records often include information on mental and physical health, past illnesses, medical procedures, family health history, medications, and other personal details.

Personal health data for seniors can also chart long-term health needs, cognitive decline, and conditions affecting capacity and independence.

Technological safeguards and thoughtful consideration about legal authorization for access to medical records are both required to protect medical information.

Healthcare Privacy Can Become More Complicated During Incapacity

When older adults cannot communicate their wishes, family members may need to be involved in healthcare decisions.

Estate planning documents like healthcare powers of attorney authorize a trusted person to help make medical decisions on behalf of an incapacitated person.

In some cases, healthcare providers may require additional authorization before sharing protected health information with family members.

Choose a Healthcare Agent Carefully

The selection of a healthcare agent should not be done without careful consideration.

Why?

The appointee will need to communicate with doctors, review healthcare information, and make difficult healthcare decisions.

The selected individual should be trustworthy, understand your wishes, and communicate effectively.

To ensure the appointee remains able and willing to serve, review healthcare power of attorney documents regularly.

Discuss Privacy Wishes in Advance

After you have granted authority to a trusted person to access your medical information and make key decisions if you become incapacitated, you should communicate your wishes and provide guidance to this individual.

By discussing your preferences and the reasons behind them with your agents and loved ones, you promote understanding of how to handle sensitive health information.

Digital Health Information and AI Require Ongoing Attention

Electronic health record systems are becoming increasingly prominent in the medical field.

As more healthcare data is stored electronically, privacy protection depends largely on how organizations manage digital information.

Patients should understand how their healthcare organizations maintain electronic records and the rules governing sharing for legitimate administrative, healthcare, or legal purposes.

Individuals and their family members should avoid sharing medical information through channels without strong security features.

Additionally, people without a legitimate reason to know healthcare information should not be trusted with it.

Implementing basic security measures provides a foundation for protecting sensitive data.

AI Creates New Privacy Questions

Artificial intelligence raises new privacy questions and concerns.

The average patient has limited understanding of AI's ability to analyze and process large quantities of data.

Families should seek clarity on how long personal health information is stored, whether it is used to train AI systems, and what safeguards are in place to prevent unauthorized access.

Applicable privacy requirements, technology, and the healthcare provider all influence the answers to these questions.

It is unrealistic to assume all AI systems handle data in the same manner.

Estate Planning and Healthcare Privacy Can Overlap

Incapacity planning and healthcare privacy are connected.

With a comprehensive estate plan, issues related to health and mental decline are addressed.

Individuals can designate trusted people to make healthcare decisions and manage their legal and financial affairs.

People can also communicate their wishes in clear, legal documentation should they experience cognitive impairment or serious debilitating illness.

Keep Healthcare Documents Current

Create powers of attorney and healthcare directives, then review them periodically.

As personal preferences, relationships, and family situations change, original documents may no longer address issues effectively or reflect your wishes.

Reviewing these documents also lets you confirm their location with those you have authorized to act on your behalf.

Families Should Plan Before a Crisis

When families are in the midst of an emergency, privacy is likely low on their priority list.

It is best to decide who can access healthcare information and make medical decisions before a crisis.

Estate planning allows individuals and families to create plans, outline their wishes, and discuss with loved ones how to handle sensitive information prior to incapacity.

Protecting Health Information Requires More than AI Technology

As AI revolutionizes medical information processing, privacy and security concerns remain relevant to patients and their families.

To protect personal records, individuals should maintain appropriate digital safeguards, understand how their health information is used, and clearly designate authority for medical decisions.

Incapacity and estate planning reviews support these goals for both young and old Americans.

Keeping documents current to reflect your wishes and preferences gives families and healthcare providers greater clarity and direction.

What are Key Takeaways for AI and Health Information?

Artificial intelligence is being integrated into healthcare to process and analyze large amounts of sensitive health data.

Because not all people need to know your medical history or status, individuals should use estate planning instruments to designate specific individuals to have access to their information and to make medical decisions on their behalf.

Patients and their loved ones should understand how sensitive data is stored, shared, or accessed in digital records.

Estate planning provides clarity, guidance, and protections for privacy and healthcare decisions in times of crisis.

This post is for informational purposes only and does not provide legal advice. You should consult an attorney for advice on any specific issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.

Reference: Elder Law Answers (Aug. 27, 2026) "How AI Is Changing the Privacy of Your Health Records"

 

 

Share This Post

Get All The Marketing Updates

Blog Silos

Recent Posts

Subscribe to our e-Newsletter and Weekly Blog Digest

Ready to schedule your consultation?

Get Started Now With Harvest Law KC

Get Started Now

REMEMBER: “The choice of a lawyer is an important decision and should not be based solely upon advertisements.”
This statement is required by rule of the Supreme Court of Missouri.

Harvest Law KC

5209 W 164th St
Overland Park, KS 66085

Get Directions
IMS - Estate Planning and Elder Law Practice Growth Advisors
Powered by
chevron-down