Start with the purpose of access
Instead of naming people automatically, consider what you want each person to be able to do with your health information. One person may need information to help coordinate care, while another may only need updates. Think about which recipients you trust, what information is relevant to them, and whether the same access makes sense for everyone.
A useful preparation tool is a recipient-and-purpose list. For each person, write down the reason you want them to receive information and any limits you want to discuss. This gives you a concrete starting point for deciding on scope rather than treating access as all-or-nothing.
- Recipient: who should be able to receive information?
- Purpose: what do you want that person to be able to help with?
- Scope and duration: what information and period of access should you discuss?
Keep information access separate from decision-making
A HIPAA authorization and a healthcare power of attorney serve different purposes. An authorization concerns sharing information. A healthcare decision-maker’s authority comes from the applicable healthcare authority and state law; an information-sharing authorization alone does not appoint that decision-maker.
The distinction also means an agent with healthcare authority should not automatically be assumed to need a separate HIPAA authorization in every situation. The relevant question is what authority the person has and what access is needed. A Tennessee Advance Directive for Health Care addresses an agent or alternate and healthcare preferences, so review it alongside your information-sharing choices without treating the documents as interchangeable.
Compare the choices before preparing documents
For each proposed recipient, compare broad access with access limited by information type, purpose, or duration. Broad access may be simpler to describe, while narrower choices may better reflect your preferences. There is no one choice that fits every family or situation; identify the tradeoff you want to resolve.
Also distinguish information access from other roles. An agent under a power of attorney, a court-appointed guardian or conservator, a trustee, and a government-appointed benefit fiduciary are different roles. A financial power of attorney, in particular, concerns authority to act on someone’s behalf; its scope, duration, and limits matter and should not be presumed to include healthcare decision-making.
Prepare a focused review
Before discussing an authorization, gather the names and contact information of intended recipients, your recipient-and-purpose list, and copies of any existing healthcare power of attorney or advance directive. Note any person you do not want receiving information and any access choice you are uncertain about. The Tennessee advance directive form includes instructions concerning document signing and sharing copies; follow the form’s instructions when considering that document.
Ask whether each proposed recipient’s access should be the same or different, what scope and duration the authorization should state, and how it should coordinate with your healthcare agent or alternate. If your preferences change, ask how to review and update the documents. Dale Law Group, PLLC offers HIPAA authorization planning as part of its Tennessee estate-planning services. The firm’s office is in Murfreesboro; Waynesboro is in Wayne County.
Questions to bring to the discussion
Does a HIPAA authorization make someone my healthcare decision-maker?
No. An information-sharing authorization alone does not appoint a healthcare decision-maker. Healthcare authority is a separate question governed by the applicable authority and state law.
Should I name the same person on every healthcare document?
Not necessarily. Consider separately who should receive information and who should make healthcare decisions, then review how your authorization and healthcare documents fit together.
Discuss your next step with Dale Law Group
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General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.