HIPAA Authorizations in Counce

Decide what access you want to grant

Start with the information-sharing decision: who should be able to communicate with your healthcare providers, and what information should they be able to receive? Consider whether you want access to be broad or limited, and whether it should continue for a defined period or under particular circumstances.

A useful preparation tool is a recipient-and-scope list. For each person you are considering, note the information you want them to access, any limits you want to discuss, and how long you want the authorization to apply. This gives you a concrete starting point for preparing or reviewing the document.

• Primary recipient and any alternate recipient
• Information or records each person may access
• Any limits on sharing you want to request
• Your preferred duration or circumstances for ending access

Keep information access separate from healthcare authority

A HIPAA authorization concerns disclosure of health information. A healthcare power of attorney or an advance directive addresses healthcare decision-making and preferences. These documents serve different purposes, so granting information access does not itself give the recipient authority to make healthcare decisions.

State-law healthcare authority can make someone a HIPAA personal representative. That means a person with the relevant healthcare authority may have HIPAA rights as a personal representative; do not assume that every agent must also have a separate HIPAA authorization. The documents and roles should be considered together, rather than treated as interchangeable.

• Ask who may receive information under the authorization.
• Separately identify who may make healthcare decisions under your healthcare documents.
• Check whether the people and roles named in those documents fit your intended plan.

Coordinate the documents and the people involved

Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about signing and sharing copies. When preparing for a discussion, gather any existing directive, healthcare power of attorney, and HIPAA authorization so their named people and intended roles can be compared.

A focused review can help you spot practical questions: Does the person you want informed differ from the person you want making decisions? Should an alternate be able to receive information? Do the scope and duration you have in mind match the document you are reviewing? The answers can guide discussion of the appropriate documents without confusing access with authority.

• Bring copies of existing healthcare documents and authorizations.
• List the people named in each document and the role you intend for each.
• Mark unclear, inconsistent, or outdated names, limits, and duration language.

Planning from Counce

Counce is an unincorporated Census designated place in Hardin County, not a separate city government. Dale Law Group, PLLC serves clients in Tennessee from its Murfreesboro office; this page does not imply a Counce office or a local municipal filing step for a HIPAA authorization.

For planning, the most useful next step is to gather your current documents and write down the recipient, scope, and duration choices you want to discuss. Ask how the authorization should coordinate with your healthcare decision-making documents and what steps are appropriate for sharing copies with the people and providers involved.