HIPAA Authorizations in New Deal

Decide what access you want to allow

Start with the practical question: who should be able to speak with your healthcare providers or receive information about your care? Consider whether you want to name one person, more than one person, or an alternate if your first choice cannot be reached.

Then consider the scope and duration of access. You may want to think through which information the person should be able to receive and whether the authorization should apply broadly or be limited. These choices can affect how useful the document is to the people you name.

Information access is not healthcare authority

A HIPAA authorization concerns sharing protected health information. By itself, it does not appoint someone to make healthcare decisions for you. A healthcare power of attorney or advance healthcare directive addresses decision-making authority and preferences through a separate document.

The roles can relate to one another, but they are not interchangeable. State-law healthcare authority can make someone a HIPAA personal representative; a separate HIPAA authorization is not always required for that person. The right document depends on whether your goal is information access, decision-making authority, or both.

Prepare a simple access plan

Before discussing an authorization, make a short list of the people you may want to include. For each person, note the information you want them to access, whether you want an alternate, and how long access should last. Mark any information or circumstances you are considering limiting.

Bring that list alongside any existing healthcare power of attorney or advance directive. This helps you compare the documents’ functions and identify possible gaps or overlaps without assuming that one document gives someone every kind of authority.

• Who should be able to receive information, and should anyone be an alternate?
• What information should each person be able to access?
• How long should the authorization remain in effect?
• Do existing healthcare documents name the same people or address related preferences?

Questions to resolve before preparing documents

Ask whether the authorization should cover all relevant health information or a narrower scope, and whether you want different access for different people. Consider how a change in your circumstances or relationships should affect the document’s duration and your plan for updating it.

Dale Law Group, PLLC serves clients throughout Tennessee from its office in Murfreesboro. New Deal is an unincorporated Census designated place in Sumner County, not a separate city government. The firm’s office is not in New Deal; contact the firm to discuss its estate-planning services and whether a HIPAA authorization fits with your healthcare documents.