HIPAA Authorizations in Finley

Decide what information access should accomplish

Start with the practical question: who should be able to receive information, and what information do they need? Consider whether access should cover a particular person or more than one recipient, and whether it should be limited in scope or duration. A clear purpose can help you discuss the authorization you want rather than using broad language by default.

A HIPAA authorization concerns information sharing. It does not, by itself, appoint someone to make healthcare decisions for you.

Keep information access separate from healthcare authority

A healthcare power of attorney or advance directive addresses healthcare decision-making roles and preferences. An authorization for information sharing addresses access to health information. These documents serve different purposes, so consider what authority and access you want each person to have.

Under HIPAA, state-law healthcare authority can make someone a personal representative. That means a separate authorization is not always required for someone acting with that authority. Whether a particular person has that status depends on the applicable authority and circumstances.

• Information recipient: who may receive information, and what information should be covered?
• Healthcare agent or alternate: who should act under your healthcare planning documents if decision-making is needed?
• Scope and duration: what limits on access do you want to discuss?

Prepare a recipient-and-scope worksheet

Before discussing documents, write down each intended recipient and the reason you want that person to have access. For each, note the information you intend to share, any limits you want to consider, and how long access should continue. Mark any person who is also named in a healthcare directive or power of attorney so the distinct roles can be reviewed together.

Bring the worksheet alongside copies of relevant healthcare planning documents, if available. The Tennessee Advance Directive for Health Care form includes an agent and alternate and healthcare preferences, with instructions concerning the document and sharing copies. Use the documents to clarify your goals; do not assume one document gives every person every kind of authority.

Questions to resolve before preparing documents

Useful questions include: Should a recipient receive all health information or only information related to a particular need? Should access continue for a defined period or under particular circumstances? Does the person you want to receive information also need healthcare decision-making authority? If your plans name different people, how should their separate roles be expressed?

Dale Law Group, PLLC, led by Carolyn D. Dale, offers HIPAA authorization planning as part of its estate-planning services. The firm’s only office is in Murfreesboro and it serves clients throughout Tennessee; Finley is an unincorporated Census designated place in Dyer County, not a separate city government.