Decide what the permission should do
Start with the practical question: who should be able to speak with your healthcare providers or receive information, and what information should they be able to access? Your choices may differ for different people or circumstances. Consider whether you want to name one recipient, more than one, or an alternate, and whether the permission should cover a broad range of health information or a more limited scope.
Think about duration as well as scope. For example, you may want to discuss whether access should continue for a defined period or be tied to a particular situation. The document should reflect your intentions rather than assume that every recipient needs the same access.
Keep information access separate from decision-making
An authorization to share information is not the same as authority to make healthcare decisions. State-law healthcare authority can make someone a HIPAA personal representative; a separate information-sharing authorization alone does not appoint a healthcare decision-maker. Conversely, do not assume that a person with healthcare decision-making authority always needs a separate HIPAA authorization.
A healthcare power of attorney and an advance healthcare directive address different planning questions from an authorization. Tennessee’s advance directive form includes an agent or alternate and healthcare preferences, as well as instructions concerning signing and sharing copies. Consider how these documents should work together, and avoid treating an information recipient, healthcare agent, and financial agent as interchangeable roles.
Prepare a short information-sharing plan
Before discussing documents, write down your preferences in a simple checklist. This makes it easier to spot gaps and compare a broad authorization with one limited by recipient, information type, or circumstance.
Bring or note:
- The people you may want to authorize, including any alternate, and how providers can identify them.
- The providers or care settings relevant to your plan, if known.
- The information you want each person to be able to receive, and any categories or circumstances you want to limit.
- Your preferences about how long access should continue and whether it should change if your circumstances change.
- Your existing healthcare power of attorney, advance directive, or other relevant documents, if available.
Questions to resolve before finalizing
Ask whether the proposed authorization matches the access you intend, whether it conflicts with or complements your healthcare agent arrangements, and what a provider will need to identify the authorized person. Discuss how you want copies shared and who should retain them. If you are revising an existing plan, identify which document you intend to update and check that the rest of the plan remains consistent.
Dale Law Group, PLLC serves Tennessee from its office in Murfreesboro; it has no additional office in Bon Aqua Junction. Bon Aqua Junction is an unincorporated Census designated place, not a separate city government. Contact the firm to discuss planning for your circumstances and the documents you want reviewed.
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 may arise under state law, so consider the authorization separately from your healthcare power of attorney and advance directive.
Should I authorize everyone named in my healthcare documents to receive information?
Not automatically. Decide who should receive information and what access each person should have. A healthcare decision-maker’s role and an information recipient’s access are related planning questions, but they are not 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.