HIPAA Authorizations in Doyle

Start with the access you want to allow

Consider who should be able to receive information, which information they may receive, and how long the permission should last. You might want one person to receive broad health information, or limit access to a particular person, purpose, or period. The right choice depends on your preferences; an authorization should not be treated as automatic permission for every recipient to access every record.

A useful first step is a recipient-and-access list. For each person, note the information you want them to receive, any limits you want to set, and when you want the permission to end. This gives you a concrete basis for preparing or reviewing authorization documents.

• Recipient: Who should be allowed to receive information?
• Scope: What information or purpose should the permission cover?
• Duration: Should the permission continue indefinitely or end at a point you specify?

Keep information access separate from decision-making

Permission to receive health information is not, by itself, an appointment to make healthcare decisions. Healthcare decision-making authority is addressed through a separate legal role or document. Under HIPAA, state-law authority to make healthcare decisions can make someone a personal representative; a separate information-sharing authorization is not always required for that person.

Compare the roles you intend to create. A HIPAA authorization concerns information access. A healthcare power of attorney or advance healthcare directive addresses healthcare authority and may also express healthcare preferences. A financial power of attorney concerns financial matters, not healthcare authority. Do not assume that naming someone in one document gives them every other role or power.

Prepare a focused review checklist

Bring your recipient-and-access list and the documents you already have that address healthcare authority or information sharing. Check that the names and intended roles are consistent, and identify any limits or end points you want to discuss. If you have an advance directive, note whether the named agent and alternate still reflect your wishes; Tennessee’s directive form addresses those roles and healthcare preferences and includes instructions for signing and sharing copies.

Questions to consider include: Is the person I want to inform also the person I want to make healthcare decisions? Should more than one person have information access, and should their permissions be the same? What information should each person receive, and when should access end? These questions can help focus a review without assuming that one document covers every purpose.

Discuss the documents as a coordinated plan

Dale Law Group, PLLC offers HIPAA authorizations, healthcare powers of attorney, and advance healthcare directives and living wills as estate-planning services. A review can focus on the distinctions that matter to you: who may receive information, who may make healthcare decisions, and what preferences you want reflected in your directive. The goal is to select and coordinate documents around those separate choices, rather than treating a general permission to share information as a substitute for healthcare authority.

For Doyle residents in White County, the firm serves clients in Tennessee from its Murfreesboro office. You can use the questions above to describe the access you want and identify any existing documents for discussion.