Estate planning · HIPAA authorizations
HIPAA Authorizations in Algood
An information-sharing authorization and authority to make healthcare decisions are different things. Planning them together can help you clarify who may receive information, what that person may access, and whether someone is also authorized to make decisions if you cannot.
Decide what access should accomplish
Start with the practical purpose: should a trusted person be able to speak with a care team, receive records, or coordinate information with others? Consider whether access should apply broadly or be limited to particular people, providers, or kinds of information, and whether it should continue for a defined period or circumstance.
A HIPAA authorization addresses disclosure of health information. It does not, by itself, appoint a healthcare decision-maker. Conversely, state-law authority to make healthcare decisions can make someone a HIPAA personal representative; a separate authorization is not automatically needed in every such situation. The documents should be considered according to the roles you want each person to have.
- Information recipient: who may receive or discuss information?
- Healthcare decision-maker: who may act under the relevant healthcare authority?
- Scope and duration: what access is intended, and when should it apply?
Compare the documents by role
A HIPAA authorization is about information access. A healthcare power of attorney or advance healthcare directive addresses healthcare authority and may also state preferences. A financial power of attorney concerns financial matters; it should not be treated as healthcare authority merely because it names an agent. A court-appointed guardian or conservator, trustee, and agent under a power of attorney are also distinct roles.
Tennessee’s Advance Directive for Health Care form includes an agent or alternate and healthcare preferences, with instructions for signing and sharing copies. Its role is broader than simply naming someone to receive information. Consider whether you want a person to have access only, decision-making authority, or both, and review the relevant documents together to reduce confusion about those intentions.
Prepare a one-page access map
Before discussing documents, make a simple list with four columns: person, intended role, information or decisions involved, and duration or circumstance. Add the names of relevant healthcare providers or institutions if you know them. This gives you a concrete way to identify overlap—for example, a person listed as an information recipient who is not intended to make healthcare decisions.
Bring any existing HIPAA authorizations, healthcare powers of attorney, advance directives, and amendments or revocations you have. Note whether copies have already been shared and with whom. This checklist is for organizing your questions, not a substitute for the documents themselves or provider-specific instructions.
- Who should be able to receive information, and who should make decisions?
- Should access be limited by provider, type of information, or circumstance?
- Do existing documents name different people or describe roles differently?
- Who has copies, and what should happen if your wishes change?
Discuss a coordinated plan
Dale Law Group, PLLC offers HIPAA authorizations, healthcare powers of attorney, and advance healthcare directives as part of its Tennessee estate-planning services. A planning discussion can focus on whether information access and healthcare authority should be assigned to the same person, how the documents fit together, and what questions to confirm with your providers about receiving or sharing copies.
The firm’s office is in Murfreesboro and it serves Tennessee. Algood’s municipal directory is a source of municipal information, not a healthcare authorization resource. For this planning question, the useful next step is to identify the documents and providers involved rather than rely on a local court or land-record contact.
Questions to bring to the discussion
Does a HIPAA authorization let someone make healthcare decisions for me?
Not by itself. It concerns disclosure of health information. Healthcare decision-making authority is addressed through applicable state-law authority and documents such as a healthcare power of attorney or advance directive.
If I have a healthcare agent, do I always need a separate HIPAA authorization?
No. State-law healthcare authority can make a person a HIPAA personal representative. Whether a separate authorization is useful depends on your intended access, documents, and circumstances.
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.
