Decide what access you want to provide
Start with the practical purpose: who should be able to speak with your healthcare providers or receive information, and what information would help them carry out that purpose? You may want to authorize access for one person, name more than one recipient, or limit access to particular information. Consider whether the authorization should remain useful across providers or be narrower to a specific need.
Then consider duration. An authorization’s scope and duration matter; a broad, continuing authorization and a limited authorization serve different purposes. The right fit depends on whom you trust and how much information you intend to share.
Keep information access separate from healthcare authority
A HIPAA authorization addresses disclosure of health information. It does not, by itself, appoint someone to make healthcare decisions. Under federal HIPAA guidance, state-law authority to make healthcare decisions can make someone a HIPAA personal representative. That means an agent with healthcare authority does not always need a separate HIPAA authorization.
Compare the roles in your plan: a healthcare agent’s decision-making authority comes from the applicable healthcare document and law; an authorization concerns information sharing. A financial power of attorney is a separate role, and its scope, duration, and limits depend on the document. Do not assume one document gives every person every kind of authority.
Prepare a recipient-and-access worksheet
Before discussing an authorization, write down the people you are considering and the purpose of each person’s access. For each, note the information you want shared, any limits you prefer, and how long access should last. This simple comparison makes it easier to spot overlapping recipients or information you would rather keep restricted.
Also gather copies of any healthcare directive or power of attorney you already have. Note who is named as agent or alternate and whether your intended information-sharing plan supports those roles. Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about signing and sharing copies; the directive and HIPAA authorization serve distinct purposes.
Questions to resolve before preparing documents
Ask whether your intended recipient needs access to all health information or only information relevant to a particular purpose; whether the authorization should be limited or continuing; and whether the people named in it match your current healthcare documents. If you already have an agent with state-law healthcare authority, ask how that role relates to the information-sharing permission you want.
Dale Law Group, PLLC, with attorney Carolyn D. Dale, offers HIPAA authorizations and related estate-planning services, including healthcare powers of attorney and advance healthcare directives. The firm serves Tennessee and has its office in Murfreesboro; Whiteville is in Hardeman County.
Questions to bring to the discussion
Does a HIPAA authorization appoint someone to make healthcare decisions?
No. It can permit disclosure of health information, but it does not by itself appoint a healthcare decision-maker. State-law healthcare authority may make someone a HIPAA personal representative.
Should I name the same person in my authorization and healthcare directive?
That depends on whom you want to receive information and whom you want to have healthcare decision-making authority. Compare the roles and documents rather than assuming they are interchangeable.
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.
