Choose the access you want to allow
Start with the people you want involved if you are ill or need help coordinating care. Consider whether each person should be able to receive information broadly or only for a particular purpose, and whether the permission should continue for a period you specify or be limited in another way. The right choices depend on your wishes and circumstances; avoid naming someone simply because they are already listed in another estate-planning document.
Before preparing or revising an authorization, write down the intended recipient or recipients, the information-sharing purpose, and your preferred duration. This short planning note gives you a concrete way to compare options and discuss any limits you want reflected in the document.
- Who should be able to receive information?
- What information or care-related purpose do you have in mind?
- How long should the permission remain in effect, and are there limits you want to discuss?
Information access is not healthcare authority
A HIPAA authorization concerns sharing health information. It does not, on its own, appoint a person to make healthcare decisions for you. State-law healthcare authority can make someone a HIPAA personal representative, so a separate authorization is not always needed for an agent acting in that role. The documents and roles should be considered together rather than treated as interchangeable.
Tennessee’s Advance Directive for Health Care addresses an agent or alternate and healthcare preferences. A healthcare power of attorney and an advance directive address decision-making or care preferences; an authorization addresses information access. Which documents fit your plans depends on what you want each person to be able to do.
Prepare a practical review checklist
Bring your planning note and a current list of the people involved in your care planning. If you already have an authorization, healthcare power of attorney, or advance directive, gather the documents so the proposed arrangement can be compared with what you have signed. Note any change in recipients, intended access, duration, or healthcare decision-maker since those documents were prepared.
The Tennessee advance directive form includes instructions about signing and sharing copies. Follow the applicable document’s instructions and ask questions if you are unsure how existing documents fit together; this page does not prescribe signing steps.
- Current recipient names and contact details
- Your written scope-and-duration preferences
- Copies of related healthcare documents and a note about what you want changed
Questions to resolve before finalizing
Ask whether the intended recipient needs information only or should also have healthcare decision-making authority if you cannot communicate. Clarify how the authorization’s scope and duration relate to your other documents, and whether an existing agent’s state-law authority affects the need for a separate authorization. The goal is a consistent plan that reflects your choices without confusing permission to receive information with authority to make decisions.
Dukedom is an unincorporated Census-designated place in Weakley County, not a separate city government. Dale Law Group, PLLC’s office is in Murfreesboro and the firm serves Tennessee; this page does not imply a Dukedom office.
Questions to bring to the discussion
Does a HIPAA authorization let someone make healthcare decisions for me?
No. An authorization permits information sharing within its scope; it does not by itself appoint a healthcare decision-maker. Healthcare authority may arise under state law, and an advance directive can address an agent or alternate and healthcare preferences.
If I have a healthcare agent, do I always need a separate HIPAA authorization?
Not necessarily. State-law healthcare authority can make someone a HIPAA personal representative. Whether a separate authorization is useful depends on the roles and documents involved, so compare them rather than assuming they grant the same authority.
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General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.