Decide what access is meant to accomplish
Start with the task you want a recipient to handle. Someone helping coordinate appointments may need a different range of information from someone who will help manage care over time. Consider whether you want to name one person, more than one, or an alternate, and whether each recipient should have the same access.
Then consider the authorization’s scope and duration. A broad authorization may be convenient, while a more limited one may better match a particular helper or purpose. Identify the information and time period you intend to cover rather than assuming every recipient needs access to everything indefinitely.
Keep information access separate from healthcare authority
An authorization for disclosure is not the same as appointing a healthcare decision-maker. State-law authority can make someone a HIPAA personal representative; a separate information-sharing authorization alone does not create that role. Conversely, do not assume an agent always needs a separate HIPAA authorization to act as a personal representative.
A Tennessee Advance Directive for Health Care addresses an agent or alternate and healthcare preferences, and includes instructions about signing and sharing copies. That is a different function from choosing who may receive health information. If you are considering both documents, check that the people and roles you name reflect your intentions without treating an information recipient, healthcare agent, and personal representative as interchangeable.
Prepare a practical access outline
Before a planning discussion, write a one-page outline with four entries: each proposed recipient and relationship; the information or care-related purpose involved; the scope you want that person to have; and when you want access to begin and end. Note any alternate and whether that person should have the same or narrower access.
Bring any existing HIPAA authorizations, healthcare power of attorney, or advance directive you can locate. Flag names or instructions that may have changed. This comparison helps identify whether the documents communicate the same plan or whether you are asking different people to do different things.
Questions to resolve before preparing documents
Useful questions include: Who needs information to help with care, and who should make decisions if you cannot? Should an alternate receive access only if the first person cannot help? Is the authorization intended for a particular purpose or a longer period? How will you share copies with the people or providers who need them?
Dale Law Group, PLLC offers HIPAA authorizations and related healthcare planning services to Tennessee clients. The firm’s office is in Murfreesboro; Belvidere is an unincorporated Census-designated place in Franklin County, not a separate city government. Discussing the intended roles and documents together can help clarify what each document is meant to do.
Questions to bring to the discussion
Does a HIPAA authorization let my named person make healthcare decisions?
Not by itself. An authorization addresses disclosure of health information; healthcare decision-making authority is a separate role. A healthcare agent’s authority depends on the applicable authority and document, not merely being named as an information recipient.
What should I decide before naming someone on an authorization?
Consider who needs access, the information and purpose involved, how broad the access should be, and how long it should last. Also decide whether an alternate is appropriate and compare the proposed recipients with your healthcare agent or alternate.
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.
