HIPAA authorizations
Decide Who May Receive Your Health Information
Permission to receive health information and authority to make healthcare decisions are separate questions. A HIPAA authorization addresses information sharing, not decision-making by itself.
Decide who should receive information
Start by listing the people you may want involved in conversations about your care. This could include a healthcare agent, a financial agent, a spouse or partner, an adult child, or another person who helps you. Consider each person separately: someone important to your support network does not necessarily need the same access as everyone else.
Check the names and contact details against your current records. If you are considering naming more than one person, think about whether you want each of them to have access and whether your preferences differ depending on the person or situation.
- List people you are considering and how they are involved in your plan.
- Note anyone you do not want included, or any access preferences you want to discuss.
Describe the information-sharing scope
Think about whether you want to discuss access broadly or identify particular providers, records, or types of information. You can bring your questions and preferences to a discussion about the authorization; the right wording and scope depend on the document and your circumstances.
Also consider how long you want the permission to apply and what you would want to do if your preferences change. Do not assume that an old release covers a new provider or reflects your current wishes. Ask how to review or update the document and how to communicate it to the relevant people or providers.
- Gather existing releases or authorizations, if available.
- Write down providers or records you want to ask about.
- Note questions about duration, changes, and revocation.
Keep information access distinct from decision-making
A HIPAA authorization concerns sharing health information. A healthcare power of attorney addresses a different question: who may make healthcare decisions under the document. A power of attorney generally gives another person authority to act as an agent, but an information-sharing authorization alone should not be treated as that decision-making authority.
If you want someone both to receive information and potentially to make decisions under a separate document, bring both documents for review. Ask how the documents fit together and what each person is expected to do.
Coordinate with the rest of your healthcare plan
Bring any healthcare power of attorney, advance healthcare directive or living will, and related authorization you already have. Comparing the documents can help identify whether the people named and your stated preferences are consistent. If you have a financial power of attorney or trust documents, bring them if you want to discuss how information access may relate to the people named there.
Consider practical questions as well as names: who should be contacted, what information they may need, and whether more than one person should be able to help. Avoid relying on family relationship alone as a substitute for stating your preferences in the documents.
Prepare for a focused review
Before discussing an authorization, gather the documents you have, make a current list of the people you are considering, and mark any provisions you do not understand. Identify changes in your support network or privacy preferences since the documents were prepared. These details help focus the discussion on what you want the authorization to address.
A useful next step is to discuss the proposed people, scope, duration, and relationship to your other healthcare documents with Dale Law Group. Ask what information or provider-specific requirements may affect how the authorization is used, and how to keep the completed document accessible to the people and providers who may need it.
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.
