Start with the access decision
An authorization is useful to consider when you want a person or people to be able to receive health information. Before choosing a document, identify the practical need: who should be able to communicate with your healthcare providers, what information should be accessible, and whether access should continue for a particular period or circumstance.
Think about scope and duration rather than treating access as all-or-nothing. A broad or ongoing arrangement may fit a different situation than access limited to a particular person, information category, or period. The right choices depend on your wishes and the documents that work together in your plan.
Separate information access from decision-making
A HIPAA authorization and a healthcare power of attorney serve different purposes. The authorization concerns access to information; a healthcare power of attorney concerns authority to act as an agent. State-law healthcare authority can also make someone a HIPAA personal representative, so an agent does not necessarily need a separate authorization in every situation.
A Tennessee Advance Directive for Health Care can address an agent, an alternate, and healthcare preferences. That is distinct from permission to receive information. Review each document for the role it grants rather than assuming that naming someone in one place gives that person every kind of authority.
Prepare a health-information access map
Before a planning conversation, make a one-page list of the people you may want involved and the access you intend each person to have. For each person, note the information or providers involved, the reason access matters, and whether you want access to be ongoing or limited. Mark any person who may also be named as a healthcare agent or alternate in a separate document.
Bring the relevant healthcare power of attorney and advance directive, if you have them, along with any existing authorizations. Check names and contact details, and note any directions about sharing copies. The Tennessee advance directive form includes instructions concerning document signing and sharing copies; follow the form’s current instructions rather than relying on an informal checklist as a substitute.
Questions to resolve before signing
Use the access map to identify decisions that need clarification: Should the same person receive information and make healthcare decisions, or should those roles be assigned separately? Should access be limited by person, information, or duration? If you name an agent and an alternate, do your documents clearly reflect the intended roles?
Dale Law Group, PLLC, led by Carolyn D. Dale, offers HIPAA authorizations, healthcare powers of attorney, and advance healthcare directives and living wills. The firm serves clients throughout Tennessee, including South Pittsburg; its office is in Murfreesboro.
Questions to bring to the discussion
Does a HIPAA authorization give someone authority to make healthcare decisions?
No. An information-sharing authorization alone does not appoint a healthcare decision-maker. Consider healthcare decision-making authority separately, such as through an applicable healthcare power of attorney or advance directive.
Does a healthcare agent always need a separate HIPAA authorization?
Not necessarily. State-law healthcare authority can make someone a HIPAA personal representative. Review the authority and documents involved rather than assuming a separate authorization is always required.
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.
