Decide what access you want to provide
Start with the practical question: who should be able to receive information from your healthcare providers, and what information should they receive? You may want a person kept informed without giving that person authority to make healthcare decisions. Consider the scope of access and how long the authorization should remain in effect, rather than treating every recipient as needing the same access.
An authorization can be tailored to your information-sharing choices. It does not, by itself, appoint a healthcare decision-maker. Conversely, a person with healthcare authority under applicable state law may be treated as a HIPAA personal representative; do not assume that person always needs a separate authorization.
Compare information access with healthcare authority
Use this comparison to keep two planning decisions distinct: an authorization concerns disclosure of health information, while a healthcare power of attorney or advance healthcare directive addresses healthcare authority and preferences. The Tennessee Advance Directive for Health Care form includes an agent or alternate and healthcare preferences; it also provides instructions for sharing copies.
If your goal is for someone to receive updates, focus on the authorization’s recipients and scope. If your goal is for someone to act on your behalf regarding healthcare, review the relevant healthcare-planning document as well. A financial power of attorney concerns a different role, and authority depends on that document’s scope and limits.
Prepare a recipient-and-access worksheet
Before discussing documents, write down each person you are considering and what you want that person to be able to do. This simple worksheet can help you identify mismatches between your intended privacy and your plans for healthcare decisions.
- Person to receive information; relationship or reason for including them.
- Information or access you intend to allow, and any limits you want considered.
- When the authorization should begin and how long it should remain effective.
- Whether this person is also named in a healthcare power of attorney or advance directive—and whether that role matches your intentions.
- Who should receive copies or know where the relevant documents are kept.
Questions to bring to planning
Bring the worksheet and any existing healthcare documents you want considered. Ask how the authorization’s scope and duration align with your wishes, whether the people named across your documents have clearly defined and compatible roles, and how copies should be shared. The Tennessee directive form includes copy-sharing instructions; follow the instructions applicable to your document.
Dale Law Group, PLLC offers HIPAA authorizations and related estate-planning services to clients across Tennessee. The firm’s office is in Murfreesboro; Paris is a municipality in Henry County, and the firm does not list an additional Paris office.
Questions to bring to the discussion
Does a HIPAA authorization make someone my healthcare decision-maker?
No. An information-sharing authorization alone does not appoint a healthcare decision-maker. Healthcare authority is a separate question addressed through applicable law and healthcare-planning documents.
Does a healthcare agent always need a separate HIPAA authorization?
Not necessarily. State-law healthcare authority can make someone a HIPAA personal representative. Whether a separate authorization is appropriate depends on your circumstances and the documents involved.
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.