Estate Planning and Probate
HIPAA Authorizations in McEwen
A HIPAA authorization is about access to health information. It can help identify who may receive information and define the intended scope and duration, but it does not, by itself, appoint someone to make healthcare decisions. Dale Law Group, PLLC offers HIPAA authorization planning for people in McEwen and across Tennessee.
Decide what access should accomplish
Start with the practical question: who should be able to obtain information, and for what purpose? You might want a trusted person to communicate with your care team or help coordinate information among family members. Consider whether the same people should have access to all health information or whether you want to limit access by type of information, provider or purpose.
Scope and duration are separate choices. An authorization intended to help during a particular period may call for different limits than one meant to support ongoing coordination. Think about when access should begin, how long it should continue and whether you want to revisit it after a change in your health, relationships or support needs.
- List each intended recipient and the role you expect that person to play.
- Write down the information or providers you want to include, and any limits you want to discuss.
- Note the intended time period and circumstances that should prompt you to review the plan.
Separate information access from decision-making authority
A HIPAA authorization and a healthcare power of attorney serve different purposes. An authorization concerns disclosure of health information; a healthcare decision-maker’s authority comes from applicable law and the governing document. Under federal HIPAA guidance, state-law authority can make someone a personal representative. A separate information-sharing authorization alone does not appoint that person as a healthcare decision-maker.
The relationship can work in either direction: someone with healthcare authority may have personal-representative rights under applicable law, while a person named only to receive information does not gain decision-making authority from that authorization. Do not assume every agent needs a separate HIPAA authorization. Review the roles and documents together so the plan reflects the authority you actually intend.
- Identify whether each person is an information recipient, healthcare agent, or both.
- Compare the authorization with your healthcare power of attorney and advance healthcare directive.
- Check that names and intended roles are consistent across the documents.
Prepare a provider-by-provider question list
Before discussing a document, make a one-page access plan. Include recipient names and contact details, the providers or kinds of information involved, the purpose of access, any limits, and your preferred duration. Add questions about how each provider handles authorizations, what information it can disclose under the document, and how to update or withdraw access. This list is a planning aid, not a substitute for the provider’s own instructions.
For a McEwen resident, the useful next step is to check the current instructions of the healthcare providers involved and bring those questions to an estate-planning discussion. The firm’s office is in Murfreesboro; McEwen is a served locality, not a separate firm office.
Coordinate the documents and revisit the plan
Tennessee’s Advance Directive for Health Care addresses an agent or alternate and healthcare preferences, while a HIPAA authorization addresses information sharing. Consider whether the people you name, the access you intend and your healthcare preferences fit together. Ask what happens if a named recipient is unavailable, your needs change or you want to replace someone.
Dale Law Group, PLLC can help you consider HIPAA authorizations alongside healthcare powers of attorney and advance healthcare directives. Bring your access plan, existing documents and provider questions so the discussion can focus on who should have access, to what, and for how long.
Questions to bring to the discussion
Does a HIPAA authorization let someone make healthcare decisions for me?
No. An information-sharing authorization alone does not appoint a healthcare decision-maker. Healthcare authority is a separate question governed by applicable law and documents such as a healthcare power of attorney.
If I have a healthcare agent, do I always need a separate HIPAA authorization?
Not necessarily. HHS explains that state-law healthcare authority can make someone a HIPAA personal representative. Whether a separate authorization is useful depends on the roles and access you intend; review the documents and provider instructions together.
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.
