Decide what the document should do
Start with the practical question: who should be able to receive information about your care, and for what purpose? You may want a person to have access to information without giving that person authority to make healthcare decisions. An information-sharing authorization and a healthcare power of attorney or advance directive serve different purposes.
A separate HIPAA authorization alone does not appoint someone as a healthcare decision-maker. State-law authority may make a person a HIPAA personal representative, so do not assume that every agent needs a separate authorization—or that an authorization gives its recipient decision-making power.
Compare recipient, scope, and duration
For each proposed recipient, decide whether the permission should cover broad health information or a narrower topic, and whether it should remain in place for a limited period or longer. A focused permission may suit a specific care-coordination need; broader access may be more useful if you want someone to help across multiple providers or health matters. The right choice depends on the access you want, not simply on who is close to you.
Check the proposed authorization against your healthcare power of attorney or advance directive. Ask whether the people named and the access you intend are consistent across documents, while keeping information access separate from healthcare preferences and decision-making authority.
Prepare a recipient-and-access worksheet
Before discussing or preparing documents, write down your choices in a simple table. For each person, note the relationship, the health information or purpose you have in mind, whether the permission is intended to be limited or broad, and when you want it to end or be reviewed. Mark any person you do not want to receive information, if that is relevant to your plan.
Gather the healthcare power of attorney or advance directive you already have, if any, and identify the named agent and alternate. Note where copies are kept and who has received them. Tennessee’s advance directive form includes an agent or alternate and healthcare preferences, along with instructions about signing and sharing copies; review your documents together rather than treating an authorization as a replacement.
Questions to resolve before moving forward
Ask which people should receive information, what information or purpose each permission should cover, and how long it should last. Ask how the proposed choices fit with your healthcare agent and advance directive, and what steps are appropriate if your preferences or relationships change.
Dale Law Group, PLLC offers HIPAA authorizations as part of its estate-planning services and serves clients in Tennessee, including Three Way. The firm’s office is in Murfreesboro; the page does not imply a Three Way office.
Questions to bring to the discussion
Does a HIPAA authorization let the recipient make healthcare decisions?
Not by itself. It concerns access to health information; healthcare decision-making authority is a separate role that may arise under applicable state law or a healthcare document.
Should my healthcare agent also be named on a HIPAA authorization?
Not automatically. State-law healthcare authority can make someone a HIPAA personal representative, so compare the agent’s authority and your intended information-sharing permissions rather than assuming a separate authorization is always needed.
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.
