HIPAA Authorizations in Whitwell

Start with the information-sharing decision

Before naming a recipient, consider what you want that person to be able to do: receive information, discuss it with a provider, or help coordinate communication with others. Then consider which information should be covered and whether permission should apply broadly or be limited to particular information or circumstances.

Also decide how long the permission should remain useful. A person who should be able to help during a temporary situation may not be the right choice for continuing access. Naming more than one recipient may be appropriate for some plans, but it is worth considering whether each person should have the same scope of access.

Separate access from healthcare authority

An information-sharing authorization and a healthcare power of attorney or advance directive address different questions. The authorization concerns access to health information. A healthcare power of attorney or advance directive concerns healthcare decision-making authority and preferences.

Under HIPAA, state-law authority to make healthcare decisions can make someone a personal representative. A separate information-sharing authorization alone does not appoint a healthcare decision-maker. Conversely, do not assume an agent always needs a separate HIPAA authorization; the relationship between the documents depends on the person’s authority and the situation.

Prepare a recipient-and-scope checklist

A useful first step is to write a short checklist before preparing or reviewing documents. This gives you a practical way to compare the access you intend to grant with the decision-making authority you have separately arranged.

• For each proposed recipient, note their name and relationship to you, and whether they need information only or also have a separate healthcare decision-making role.
• List the information or situations you intend the authorization to cover, and note any limits you want to discuss.
• Record when the permission should begin and how long it should remain in effect, if you have a preference.
• Identify any existing healthcare power of attorney or advance directive, including the named agent and alternate, so the documents can be considered together.

Review the documents as a coordinated plan

Tennessee’s Advance Directive for Health Care addresses an agent or alternate and healthcare preferences, and includes instructions about signing the document and sharing copies. A HIPAA authorization has a different focus. Reviewing these documents together can help clarify who may receive information, who may make decisions, and whether the choices still reflect your wishes.

Dale Law Group, PLLC offers HIPAA authorizations, healthcare powers of attorney and advance healthcare directives and living wills. For clients in Whitwell and elsewhere in Tennessee, a planning discussion can focus on your intended recipients, the scope and duration of access, and how your information-sharing choices fit with your healthcare documents.

Questions to bring to a planning discussion

Consider asking: Should each named person receive the same information? How should the authorization relate to my healthcare agent’s role? Do my existing documents identify the same people and reflect my current preferences? What should I review if my circumstances or chosen recipients change?