HIPAA Authorizations in Hornbeak

Separate information access from healthcare authority

Start by identifying the job you want the document to do. A HIPAA authorization addresses information sharing. A healthcare power of attorney or advance healthcare directive addresses healthcare decision-making authority and preferences. These documents can serve different purposes, so naming someone to receive records should not be treated as appointing that person to make medical decisions.

State law may make a person with healthcare authority a HIPAA personal representative. A separate authorization alone does not appoint a healthcare decision-maker, and an agent does not always need a separate HIPAA authorization. Consider how the documents work together rather than assuming one replaces the other.

Compare recipient, scope, and duration

Before preparing an authorization, consider these questions:

• Recipient: Do you want one person to receive information, or more than one? Identify each intended recipient clearly.
• Scope: Should the permission cover information broadly, or be limited to particular information or purposes? Be specific about what you want shared.
• Duration: Should the permission remain in effect for a defined period or circumstance, or continue until changed or revoked? Clarify the intended endpoint.
• Practical use: Consider which people or healthcare providers may need to rely on the authorization and how you will ensure the document is available to them.

Prepare a simple document checklist

A useful starting point is a one-page list of your proposed recipients and the information-sharing choices you want to discuss. For each person, note their relationship to you, why access may be useful, and whether they are also intended to have healthcare decision-making authority.

Bring any existing HIPAA authorization, healthcare power of attorney, or advance healthcare directive you want considered. Mark the names of agents and alternates, the scope or duration stated in each document, and any changes in your preferences. The Tennessee Advance Directive for Health Care form includes an agent or alternate and healthcare preferences, with instructions about signing and sharing copies; it is distinct from an information-sharing authorization.

Questions to resolve before signing

Ask whether the proposed recipient and scope match the access you want, how the authorization relates to your healthcare agent, and how long the permission is intended to last. Also ask how you can update your choices and who should receive copies. If you are naming different people for information access and healthcare decisions, make that distinction explicit in your planning.

Dale Law Group, PLLC is located in Murfreesboro and serves clients across Tennessee. Hornbeak is in Obion County; the firm’s office is not in Hornbeak. The firm offers HIPAA authorizations along with healthcare powers of attorney and advance healthcare directives, allowing these related planning choices to be considered together.