HIPAA Authorizations in Medon

Decide what access you want to grant

Start with the practical question: who should be able to receive information, and what information do they need? You may want to authorize access for one person, several people, or only for a defined purpose. Consider whether the authorization should cover a broad range of health information or a narrower scope, and whether it should last for a specified period or under other limits.

The right choice depends on the support you want people to provide. Someone helping coordinate care may need information without having authority to choose treatment. An authorization can address information sharing; it should not be treated as a substitute for naming a healthcare decision-maker.

Separate information access from decision-making authority

A HIPAA authorization and a healthcare power of attorney or advance healthcare directive address different roles. An authorization concerns disclosure of health information. A healthcare agent’s authority comes from the applicable healthcare document and state law. Under HIPAA, state-law authority to make healthcare decisions can make a person a personal representative; a separate authorization alone does not appoint that person as a decision-maker.

Do not assume every agent needs a separate HIPAA authorization, or that every person listed on an authorization can make healthcare decisions. Review each document for the role it gives, its scope, duration, and limits. The Tennessee Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about sharing copies.

Prepare a practical information-sharing checklist

Before discussing an authorization, write down the decisions you want to make. This short checklist can help you compare options and identify questions:

• People: Who should be able to receive information? Should another person be named as an alternate?
• Scope: What health information should each person be able to receive, and is access intended for a particular purpose?
• Duration and limits: How long should access continue? Are there limits you want to discuss?
• Related documents: Who is named as healthcare agent or alternate in your advance healthcare directive? Do the documents describe complementary roles?
• Copy sharing: Who should receive a copy, and how will the people involved know which document addresses access and which addresses decision-making?

Questions to resolve before signing or sharing copies

Bring your checklist and any existing healthcare documents to a planning conversation. Useful questions include: Does the authorization match the access I intend to allow? Are the people named and their roles clear? Do my authorization, healthcare power of attorney, and advance healthcare directive work together without confusing information access with authority to make decisions? What should I review if my chosen people or preferences change?

Dale Law Group, PLLC, led by Carolyn D. Dale, offers HIPAA authorizations and related estate-planning services. The firm’s office is in Murfreesboro and serves clients throughout Tennessee; Medon is in Madison County. The Madison County municipal directory is a public-information resource, not an indication that the firm has an office in Medon.