Estate Planning and Probate · HIPAA Authorizations

HIPAA Authorizations in Fairview

A HIPAA authorization is about access to health information—not, by itself, authority to make healthcare decisions. When planning, identify the people who need information, the information they need, and when that permission should end. Dale Law Group, PLLC offers HIPAA authorization planning as part of its estate-planning services in Tennessee.

Choose access separately from decision-making authority

Start with two different questions: Who should be able to receive information from your healthcare providers? Who should be able to make healthcare decisions for you if needed? A HIPAA authorization addresses information sharing. Under federal guidance, state-law healthcare authority can make someone your HIPAA personal representative; a separate information-sharing authorization alone does not appoint a healthcare decision-maker. Do not assume a healthcare agent always needs a separate authorization.

A power of attorney is another distinct role: it authorizes someone to act on your behalf, and its scope, duration, and limits matter. Financial agents, healthcare agents, trustees, and court-appointed guardians or conservators do not have interchangeable roles. Identify each document and the authority it provides rather than relying on a person’s family relationship or job title.

    Compare the information-sharing choices

    For each proposed recipient, consider the minimum access that meets your purpose. One person might need information to help coordinate care, while another may need access for a different reason—or may not need access at all. Then consider whether permission should cover a defined period or remain available longer, and how you want changes or revocation handled. The authorization should reflect your choices and the form or process used by the relevant provider.

    A practical comparison is to list each recipient beside the information they need, the reason they need it, and the intended duration. This can reveal where a broad authorization may be unnecessary, where a limited one may not serve your purpose, or where the person you want to receive information is not the person you want making healthcare decisions.

    • Recipient: Who should receive information?
    • Scope: What information is relevant to that person’s role?
    • Duration: When should access begin and end?
    • Authority: Is this person also named in a healthcare directive or another document, and what does that document authorize?

    Prepare a health-information access list

    Before discussing documents, prepare a one-page list of proposed recipients and your choices for scope and duration. Add the name of each relevant healthcare provider or organization, if known, and note any existing authorization, healthcare power of attorney, or advance directive. Keep copies of the documents together and record who has received them.

    Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about signing and sharing copies. It is useful to review that directive alongside an information-sharing authorization, while keeping their different purposes clear. Do not treat either document as a substitute for checking what a particular provider requires to process an authorization.

      Questions to resolve before signing or sharing

      Ask whether the people you have selected need information access, healthcare decision-making authority, or both. Confirm what information each person is expected to receive and whether the proposed duration matches your wishes. Ask how a provider handles its authorization process, how copies should be shared, and what steps are needed if you later want to change your choices.

      Dale Law Group, PLLC works with clients on HIPAA authorizations and related estate-planning documents. The firm’s office is in Murfreesboro and serves clients in Tennessee, including Fairview. A discussion can help clarify how your information-sharing choices fit with your healthcare directive and other planning documents.

        Questions to bring to the discussion

        Does a HIPAA authorization give someone authority to make healthcare decisions?

        No. An information-sharing authorization alone does not appoint a healthcare decision-maker. Healthcare decision-making authority may arise from state-law authority, while an authorization addresses access to information. Review the documents and roles separately.

        Does my healthcare agent always need a separate HIPAA authorization?

        Not necessarily. Federal guidance recognizes that state-law healthcare authority can make someone a HIPAA personal representative. Whether a separate authorization is appropriate depends on your documents, wishes, and the provider’s process.

        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.