HIPAA Authorizations in Crump

Choose access separately from decision-making authority

Start by identifying the job you want each document to do. A HIPAA authorization addresses disclosure of health information to the people you name. A healthcare power of attorney or advance directive addresses healthcare decision-making authority and preferences. These documents may work together, but they are not interchangeable.

State-law authority can make someone a HIPAA personal representative. Therefore, a person with healthcare authority may have HIPAA rights in that role; a separate authorization is not automatically required in every situation. Conversely, naming someone only to receive information does not appoint that person to make healthcare decisions.

Compare recipients, scope, and duration

Make a short recipient-and-purpose list before deciding how broad access should be. One approach is to authorize a trusted person to receive information broadly; another is to limit access by person, information, or purpose. Consider whether an alternate should be included and whether access should continue for the period you intend. The right choice depends on whom you trust and what coordination you want—not on assuming that every recipient needs the same access.

For example, you might want one person to receive information to help coordinate care while reserving healthcare decisions to the person named in your healthcare directive. If you intend the same person to receive information and make decisions, check that your documents clearly address both roles.

Prepare a recipient-and-access worksheet

Before drafting or revising documents, write down each proposed recipient and the access you want that person to have. Use this checklist:

• Recipient’s full name and relationship to you; identify any alternate separately.
• Information or care-related purpose you want the authorization to cover; note any limits you want considered.
• When access should begin and how long you intend it to remain available.
• Who should make healthcare decisions under your healthcare power of attorney or advance directive, including any alternate.
• Where copies of the authorization and healthcare directive should be kept and shared with the people who may need them.

Coordinate documents and copies

Review the authorization alongside your healthcare power of attorney and advance directive rather than treating it as a substitute for either. Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about signing and sharing copies. Follow the form’s instructions for that document; do not assume they automatically resolve how a separate HIPAA authorization should be prepared.

Dale Law Group, PLLC offers HIPAA authorizations and related estate-planning documents, including healthcare powers of attorney and advance healthcare directives. A coordinated review can help you identify which document is intended to grant information access and which addresses healthcare authority.

Questions to raise before you finalize

Bring your worksheet and any existing healthcare documents to a planning discussion. Ask whether each proposed recipient is intended to receive information, make healthcare decisions, or both; whether the scope and duration match that intention; and whether the documents identify consistent people and alternates. Also ask how you want copies shared and what changes in your circumstances should prompt a review.