Decide what information sharing should accomplish
Begin with the people you want involved and the purpose of sharing. One person may need updates or access to information, while another may be the person you want to make healthcare decisions if you cannot. Those roles can overlap, but they are not automatically the same.
Consider the scope and duration you want for an authorization. A narrowly defined need may call for a different choice than ongoing access for someone helping coordinate your care. The right choice depends on your circumstances and the documents you want to use together.
Compare an authorization with healthcare authority
A HIPAA authorization is for sharing health information with the people you identify. A healthcare power of attorney or advance healthcare directive addresses decision-making authority and preferences. Under HIPAA, state-law authority to make healthcare decisions can make someone a personal representative; a separate information-sharing authorization alone does not appoint a healthcare decision-maker.
So, ask two separate questions: Who should be able to receive information? Who should be able to make healthcare decisions if needed? Do not assume that a person named for one role has every authority associated with the other. The Tennessee Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions for signing and sharing copies.
Prepare a recipient-and-scope worksheet
Before discussing documents, make a short worksheet. For each proposed recipient, write down the information they should receive, the reason they need it, and how long you intend the arrangement to last. Note whether that person is also intended to be your healthcare decision-maker, and identify the document you believe gives them that role.
Then check the names and intended roles across your healthcare documents. Flag any mismatch—for example, a person listed for information sharing who is not the person you chose to make decisions, or a decision-maker who may also need to receive information. This is a preparation aid, not a substitute for reviewing the actual documents.
- Recipient and contact details; information-sharing purpose and intended scope.
- Intended duration, if specified, and any limits you want to discuss.
- Separate identification of the healthcare decision-maker and any alternate.
- Copies of existing HIPAA authorizations, healthcare powers of attorney, and advance directives.
Questions to bring to a planning discussion
Ask whether the proposed authorization matches your intended recipients and scope, and how it fits with your healthcare power of attorney or advance directive. Ask what role each named person has, whether the documents use consistent names, and what steps are needed to share copies with the people or providers involved.
Dale Law Group, PLLC offers HIPAA authorization planning as part of its estate-planning services. For people in Plainview and elsewhere in Tennessee, the discussion can focus on coordinating information access with the separate decisions about healthcare authority and preferences.
Questions to bring to the discussion
Does a HIPAA authorization give someone authority to make healthcare decisions for me?
No. An information-sharing authorization alone does not appoint a healthcare decision-maker. State-law healthcare authority can make someone a HIPAA personal representative, so consider information access and decision-making authority as distinct roles.
Does a healthcare agent always need a separate HIPAA authorization?
Not necessarily. A person with healthcare decision-making authority under state law can be a HIPAA personal representative. Whether a separate authorization is appropriate depends on the roles and documents you want to put in place.
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.