HIPAA Authorizations in Collierville

Separate information access from healthcare authority

A HIPAA authorization allows designated people to receive information covered by the authorization. By itself, it does not appoint someone to make healthcare decisions. A healthcare agent’s authority comes from the relevant healthcare document and applicable law; an information-sharing authorization is a distinct tool.

The documents do not always need to duplicate one another. State-law healthcare authority can make someone a HIPAA personal representative, so do not assume an agent invariably needs a separate HIPAA authorization. Consider what information access is needed and what the healthcare documents already provide.

Choose recipients, scope, and duration

Make the decision concrete by comparing three dimensions: who may receive information, what information is included, and how long access lasts. A broad authorization may be convenient when more than one person needs information; a narrower one may better match a limited purpose. The right choice depends on your preferences and circumstances.

For example, you might want a trusted person to receive information while you are receiving care without giving that person healthcare decision-making authority. Or you may want the person named as your healthcare agent to have information access as well. These are separate choices; avoid treating the recipient list as a substitute for naming an agent or stating care preferences.

• Recipients: identify the people you want covered and consider whether an alternate is appropriate.
• Scope: decide whether access should cover all relevant health information or a defined portion or purpose.
• Duration: consider when authorization should take effect and how long it should remain in effect.

Prepare a one-page information-access plan

Before preparing or updating documents, write a short plan to take into a planning conversation. List each intended recipient, the information each person should be able to receive, the circumstances in which access is wanted, and any desired end point. Mark separately who you want to make healthcare decisions and where your healthcare preferences are recorded.

Then compare the plan with your healthcare power of attorney and advance directive. Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about sharing copies. Keep those decisions distinct from the question of who may receive health information.

• Bring existing HIPAA authorizations, healthcare powers of attorney, and advance directives, if available.
• Note any recipient or access preferences that have changed, and identify documents that may no longer reflect them.
• Ask how the authorization’s scope and duration should fit with the healthcare documents and your intended recipients.

Plan for the person who may need to act

If your plan includes someone who may make healthcare decisions, confirm which document gives that person authority and whether the document addresses an alternate. CFPB guidance distinguishes authority under a power of attorney from other roles, such as a court-appointed guardian or conservator. A person’s role should be identified from the applicable document rather than assumed from a general label.

Dale Law Group, PLLC, offers HIPAA authorization planning, healthcare powers of attorney, and advance healthcare directives and living wills for Tennessee residents. A planning discussion can help align the intended information recipients with the separate decisions about healthcare authority and preferences.