Decide what access you want to allow
Start with the practical question: who should be able to obtain information from your healthcare providers, and what information should they be able to receive? You may want to identify a particular person, more than one recipient, or someone who can step in if your first choice is unavailable. Consider whether the authorization should cover information broadly or be limited to a particular purpose or kind of information.
Duration is another choice. Think about whether access is intended for a current situation or to continue over a longer period. A clear plan should make the intended recipient, scope and duration understandable to you and to the people who may need to use it.
- Recipient or recipients, including any alternate you want to name.
- The information or purpose the authorization should cover.
- How long access should continue and whether you want to set limits.
Separate information access from healthcare authority
A HIPAA authorization permits information sharing as described in the document. It does not, by itself, appoint someone to make healthcare decisions for you. A healthcare power of attorney or advance directive addresses a different question: who may act as a healthcare decision-maker and what preferences or instructions you have expressed.
The roles can overlap, but they are not interchangeable. State-law authority to act as a personal representative can also affect a person’s HIPAA status. As a result, a healthcare agent does not always need a separate HIPAA authorization. Consider the documents together rather than assuming one grants every kind of authority.
- HIPAA authorization: who may receive covered information, and within what scope.
- Healthcare decision-making document: who may make decisions and, where applicable, what preferences guide them.
Prepare a recipient-and-scope worksheet
Before discussing a document, make a short worksheet with one line for each person you may want to authorize. For each, note the intended purpose, the information you want the person to access, any limits and the duration you have in mind. Mark which person, if any, should be an alternate. This makes it easier to spot unclear or conflicting choices before you finalize your plan.
Bring the worksheet alongside your existing healthcare power of attorney or advance directive, if you have one. Note any changes in the people you trust or the access you want. Tennessee’s Advance Directive for Health Care form includes an agent or alternate and healthcare preferences; review how those choices fit with your separate information-sharing plan.
Questions to resolve before signing
Ask whether the people you named need information access, decision-making authority, or both; whether the scope is narrower or broader than you intend; and whether the duration matches your purpose. Also ask how the authorization relates to any existing healthcare directive and what copies should be shared with the people involved.
Dale Law Group, PLLC offers HIPAA authorization planning as part of its Tennessee estate-planning services. Ooltewah is an unincorporated Census-designated place in Hamilton County, not a separate city government. The firm’s only office is in Murfreesboro; it serves clients in Tennessee.
Questions to bring to the discussion
Does a HIPAA authorization let my named person make healthcare decisions?
No. An authorization concerns access to health information. Healthcare decision-making authority is addressed separately, for example through a healthcare power of attorney or advance directive.
Does my healthcare agent always need a separate HIPAA authorization?
Not necessarily. State-law authority can make someone a HIPAA personal representative. The relationship between that authority and any separate authorization depends on the documents and circumstances.
Discuss your next step with Dale Law Group
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General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.