Decide what access you want to grant
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? Consider whether you want to name one person or more than one, and whether access should cover all health information or a defined scope.
Then consider duration. You may want an authorization to apply for a particular period or situation, or to remain useful over a longer span. The right scope and duration depend on your goals; an authorization is not a substitute for deciding who may make healthcare choices if you cannot communicate.
Compare information access with healthcare authority
A HIPAA authorization concerns disclosure of health information. A healthcare power of attorney or an advance healthcare directive addresses different planning questions, including who may act as a healthcare agent and your healthcare preferences. A separate authorization alone does not appoint a healthcare decision-maker.
State-law authority may make someone a HIPAA personal representative. That means an agent with healthcare authority does not always need a separate HIPAA authorization. The documents should be considered together so you can distinguish access to information from authority to make decisions.
Prepare a recipient-and-access worksheet
Before discussing documents, write down each person you may want providers to communicate with. Beside each name, note the information you want the person to receive, any limits you have in mind, and when you want access to begin or end. Mark separately who you want to have healthcare decision-making authority, if anyone.
Gather existing healthcare powers of attorney, advance directives and HIPAA authorizations. Check names and contact details, identify any older documents you may want to revisit, and note where copies have been shared. This gives you a focused starting point for deciding whether the documents work together.
Questions to resolve before signing
Ask whether your proposed authorization names the right recipients, covers the information you intend, and states a duration that fits your purpose. Ask how it relates to your healthcare agent or advance directive, and whether someone should receive access without being given decision-making authority.
Dale Law Group, PLLC offers HIPAA authorizations, healthcare powers of attorney and advance healthcare directives as part of its estate-planning services. The firm serves Tennessee and is based in Murfreesboro; Adamsville is an incorporated community in Hardin and McNairy counties. For a local municipal directory, consult the current Adamsville profile from Tennessee’s Municipal Technical Advisory Service.
Questions to bring to the discussion
Does a HIPAA authorization let someone make healthcare decisions for me?
Not by itself. It addresses access to health information, while healthcare decision-making authority is addressed through other legal arrangements, such as a healthcare agent. State-law authority may also make an agent a HIPAA personal representative.
What should I bring to a HIPAA authorization discussion?
Bring any current HIPAA authorizations, healthcare powers of attorney and advance healthcare directives. A list of intended recipients, the information you want them to access, and any limits or duration preferences can help clarify your choices.
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.
