Choose information access separately from decision-making authority
Start by asking what you want a person to be able to do. If your goal is for a family member or other trusted person to receive health information, an authorization can address that access. If you want someone to make healthcare decisions when you cannot, that is a different question addressed through healthcare decision-making documents.
These roles can intersect, but they are not interchangeable. Under HIPAA, state-law authority can make someone your personal representative for relevant health information. A separate authorization alone does not appoint a healthcare decision-maker, and a person with healthcare authority does not always need a separate HIPAA authorization. The documents and authority involved matter.
Compare recipients, scope and duration
Consider the practical difference between broad access for a person who helps coordinate care and narrower access for someone who only needs particular information. Then consider duration: you may want permission tied to a particular period or purpose, or permission intended to continue longer. The appropriate choices depend on your circumstances and the document’s terms.
Before deciding, list each intended recipient and the information you want that person to receive. Ask whether the same scope and duration make sense for everyone. A family member who helps communicate with providers may have a different role from someone you want to make healthcare decisions.
Prepare a recipient-and-access worksheet
A useful starting document is a short worksheet with one row for each person you may authorize. Record the person’s name and relationship to you, the information you intend to share, the reason they need access, and when you want the permission to begin and end. Note any information or circumstances you want to discuss before deciding whether to include them.
Bring the worksheet together with copies of any existing healthcare power of attorney or advance directive, if you have them. Check whether the people and roles described across your documents still match your wishes. Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about signing and sharing copies; it is distinct from an information-sharing authorization.
Questions to resolve before preparing the authorization
Ask who should be able to speak with healthcare providers or receive information, what information each person should access, and whether the permission should have a defined duration. Also ask whether you are trying to authorize information access, appoint a healthcare decision-maker, or address both needs with separate documents.
Dale Law Group, PLLC offers HIPAA authorizations and healthcare planning documents, including healthcare powers of attorney and advance healthcare directives. The firm’s office is in Murfreesboro and it serves clients in Tennessee; this page does not represent that the firm has an office in Benton.
Questions to bring to the discussion
Does a HIPAA authorization give someone authority to make healthcare decisions for me?
No. An authorization for information sharing alone does not appoint a healthcare decision-maker. Healthcare decision-making authority and access to information are distinct, although state-law authority may also make someone a HIPAA personal representative for relevant information.
Should I authorize the same access for every person I name?
Not necessarily. Consider each person’s role, what information they need, and how long you want access to last. A recipient who helps communicate with providers may have a different information need from someone you appoint to make healthcare decisions.
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.
