HIPAA Authorizations in Viola

Decide what the authorization should do

Start with the practical question: who should be able to receive information, and what information do they need? You may want to authorize a person to receive information without giving that person authority to make healthcare decisions. The authorization should reflect the access you intend rather than assume that access and decision-making authority are the same.

Consider whether the authorization should cover information broadly or be limited to particular information or circumstances, and whether it should continue for a defined period or remain in effect until a specified event. The appropriate choices depend on your goals and the document’s terms.

Keep information access separate from healthcare authority

A HIPAA authorization alone does not appoint someone to make healthcare decisions. State-law healthcare authority can make a person a HIPAA personal representative; a separate information-sharing authorization is not always required for that role. The documents serve different purposes, so it is important not to assume that an authorization replaces a healthcare power of attorney or advance directive—or that every agent necessarily needs a separate HIPAA authorization.

A Tennessee Advance Directive for Health Care addresses an agent or alternate and healthcare preferences. A financial power of attorney, healthcare agent, trustee and other fiduciaries also have distinct roles; one document should not be treated as granting every kind of authority.

Prepare a simple access-and-authority checklist

Before discussing document language, make a short list for each person you may name. This gives you a practical way to compare access needs with the authority you intend to grant.

• Person’s name and relationship to you.
• Information or circumstances the person should be able to access, and any limits you want considered.
• How long you want the authorization to last, or what change should prompt you to revisit it.
• Whether the person should receive information only or is also named in a separate document with healthcare decision-making authority.
• Any alternate person you want to consider if your first choice is unavailable.

Review how the documents work together

Bring the checklist and copies of any existing authorization, healthcare power of attorney or advance directive to a planning conversation. Review who is named, what each document allows, and whether the terms match your current preferences. The Tennessee directive form includes instructions for sharing copies; consider where the relevant documents are kept and who should know how to find them.

Questions to consider include: Should the same person receive information and make healthcare decisions? Is access intended to be broad or limited? Does the authorization’s duration fit your plans? Have your named people or preferences changed?

Planning for Viola and Warren County

Dale Law Group, PLLC, through attorney Carolyn D. Dale, offers HIPAA authorizations and related estate-planning services to clients in Tennessee. The firm’s office is in Murfreesboro, not Viola. A municipal directory listing for Viola is a public-information resource, not a healthcare-document filing office or evidence of court jurisdiction. For document questions, contact the firm at 866-576-5317.