Decide what access you want to grant
Start with the people who may need information and the situations in which you want them involved. Consider whether each person should be able to communicate with healthcare providers and receive health information, and whether the permission should cover a broad range of information or a narrower purpose. A useful plan makes the intended access understandable rather than assuming every recipient needs the same scope.
Duration is another choice to discuss. Decide whether the authorization should apply for a particular period or circumstance, or remain in effect under the terms of the document. The right approach depends on your goals and should be reviewed alongside the rest of your planning documents.
Keep information access separate from decision-making authority
An authorization for disclosure is not the same as appointing someone to make healthcare decisions. Under HIPAA, state-law authority may make someone a personal representative; an information-sharing authorization alone does not appoint a healthcare decision-maker. Conversely, do not assume a healthcare agent always needs a separate HIPAA authorization.
A healthcare power of attorney or advance healthcare directive addresses a different role: authority to make healthcare decisions when applicable. Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences. Financial powers of attorney, trustees, and court-appointed guardians or conservators are also distinct roles; one document should not be treated as granting every kind of authority.
Prepare a recipient-and-scope worksheet
Before discussing an authorization, make a simple table with one row for each person you are considering. Record the person’s name and relationship, the information or purpose you have in mind, whether you want access to be broad or limited, and the duration you want to discuss. Mark any person you do not want to have access. This comparison can reveal where you want different people to have different permissions.
Bring the worksheet together with copies of relevant healthcare decision-making documents and a short list of questions about how the documents should work together. Avoid relying on a document title alone: identify whether each document concerns information access, healthcare decisions, or another role. The Tennessee health directive includes instructions about sharing copies; consider those instructions when organizing your documents.
Discuss the plan with Dale Law Group
Dale Law Group, PLLC, led by Carolyn D. Dale, offers HIPAA authorizations and related estate-planning services, including healthcare powers of attorney and advance healthcare directives. A discussion can focus on your intended recipients, the limits and duration you want to consider, and how the authorization fits with your other documents.
For Henderson residents in Chester County, the firm’s only office is in Murfreesboro. The firm serves clients across Tennessee; contact the firm to discuss your planning needs and available next steps.
Questions to bring to the discussion
Does a HIPAA authorization let the recipient make healthcare decisions?
Not by itself. It concerns access to health information. Healthcare decision-making authority is addressed separately, including through applicable state-law authority and healthcare planning documents.
Should I name the same person in my authorization and healthcare directive?
That depends on your goals. Compare each person’s information-access role with the person you want to make healthcare decisions, and consider whether the intended scope and duration should differ. Review the documents together so their roles are clear.
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.
