Estate planning · HIPAA authorizations

HIPAA Authorizations in Dover

Decide who should be able to speak with your healthcare providers and what information they may receive. A HIPAA authorization addresses information sharing; it does not, by itself, appoint someone to make healthcare decisions for you.

Choose the access you actually want

Start with the people who may need information and the reason they may need it. You might want one person to receive information about a particular issue, or you may want more than one trusted person to communicate with providers. The right scope depends on your wishes and circumstances.

Compare a focused authorization with a broader one. A focused document can identify a recipient and limit access to a defined purpose or category of information. A broader authorization may be more useful if you want a recipient to communicate about multiple aspects of your care. Consider whether the document should state when permission begins and ends, and how you want it handled if your preferences change. Do not assume that every authorization grants access to every record or lasts indefinitely.

  • Who should receive information, and should there be an alternate?
  • What information or purpose should the permission cover?
  • How long should it remain effective, and what should happen if you want to change it?

Separate information access from decision-making

An authorization to share health information is not the same as appointing a healthcare decision-maker. Under HIPAA, state-law authority may make someone your personal representative for relevant healthcare matters. A separate information-sharing authorization alone does not appoint that person or give them decision-making authority.

A Tennessee Advance Directive for Health Care addresses an agent or alternate and healthcare preferences. Consider how that document fits with your information-sharing choices, rather than treating either document as a substitute for the other. Likewise, a financial power of attorney concerns authority to act on financial matters; it should not be assumed to grant healthcare authority or information access. The scope, duration and limits of each document matter.

    Prepare a practical access checklist

    Before discussing an authorization, make a short list for each intended recipient. Note the person’s full name and relationship to you, the information you want shared, the providers or care situations involved, and any limits or end point you have in mind. Add whether the person is also named as an agent or alternate in your healthcare directive. This comparison can reveal whether you want the same people to receive information and make decisions, or whether those roles should be different.

    Gather copies of any existing HIPAA authorization and healthcare directive, if available. Check whether the names, preferences and intended roles still match. The Tennessee directive form includes instructions concerning signing and sharing copies; follow the applicable document instructions rather than relying on an informal note as a replacement.

      Plan the next conversation

      Dale Law Group, PLLC offers HIPAA authorization planning as part of its Tennessee estate-planning services. A discussion can focus on the recipients, information categories, duration and limits you want, and how the authorization relates to your healthcare directive and any existing appointments.

      Useful questions to bring include: Should each recipient have the same scope? Should permission cover a particular purpose or broader communications? What should happen if you revise your preferences? Does your healthcare directive identify the person you intend to make decisions, and is that different from the person you want to receive information?

        Questions to bring to the discussion

        Does a HIPAA authorization appoint someone to make healthcare decisions?

        No. An information-sharing authorization alone does not appoint a healthcare decision-maker. State-law healthcare authority may make someone a HIPAA personal representative; a healthcare directive can address an agent and preferences.

        Does a financial power of attorney give someone access to my medical information?

        Do not assume it does. A financial power of attorney concerns authority to act on financial matters, and its scope and limits matter. Consider your healthcare directive and information-sharing authorization separately.

        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.