Start with the access you want
A HIPAA authorization is about sharing health information with people you identify. Before preparing one, consider the practical situations in which someone might need information: helping coordinate care, asking questions about a treatment, or keeping another trusted person informed. Those examples describe information access; they do not, by themselves, give the recipient authority to make healthcare decisions.
Choose recipients deliberately. You may want one person to receive information and another to serve in a decision-making role. Avoid assuming that a family relationship, a name in a will, or appointment to a financial role automatically answers who should have access to health information.
- Who should be able to receive information, and who should not?
- What kinds of information or care situations should the authorization cover?
- When should access begin, and what duration or end point do you want the document to specify?
Compare information access with healthcare authority
An authorization and a healthcare power of attorney or advance directive serve different purposes. The authorization concerns disclosure of information. A healthcare decision-maker’s authority depends on applicable law and the relevant healthcare document; the Tennessee Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences.
Under HHS guidance, state-law healthcare authority can make someone a HIPAA personal representative. An information-sharing authorization alone does not appoint a healthcare decision-maker. Conversely, do not assume that an agent always needs a separate HIPAA authorization. Consider the roles together, rather than treating every document or appointment as interchangeable.
Prepare a one-page access map
Before discussing document language, make a simple access map. List each intended recipient, their relationship to you, the information or situations they should be able to address, and the duration or limit you want considered. Add a separate column for anyone named as a healthcare agent or alternate in an advance directive. Mark whether the same person appears in both places.
Keep the map with copies of your current healthcare power of attorney or advance directive. Bring the documents themselves, if available, so the roles and wording can be considered together. The Tennessee directive form includes instructions about signing and sharing copies; follow the form’s instructions for that document rather than assuming they apply to every authorization.
Questions to resolve before preparing documents
Review whether the proposed recipient list matches your wishes and whether the scope is too broad, too narrow, or unclear. Ask how the authorization relates to your healthcare agent’s role, what duration or limits the document can express, and whether existing documents need to be coordinated. If your wishes change, ask how to update the documents and whom to notify.
Dale Law Group, PLLC offers HIPAA authorizations as part of its estate-planning services and serves clients across Tennessee, including La Follette. The firm’s office is in Murfreesboro; no La Follette office is listed.
Questions to bring to the discussion
Does a HIPAA authorization let the recipient make healthcare decisions?
Not by itself. It addresses access to health information, while healthcare decision-making authority depends on applicable law and the relevant healthcare document.
Does my healthcare agent always need a separate HIPAA authorization?
Not necessarily. HHS explains that state-law healthcare authority can make someone a HIPAA personal representative. Whether a separate authorization is appropriate depends on your documents and intended access.
Discuss your next step with Dale Law Group
Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.
General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.