HIPAA Authorization

Do you know what happens if your loved ones need to access your medical information in an emergency? Federal regulations prohibit hospitals, doctors, healthcare facilities, and insurance companies from sharing your protected health information without your written authorization. How can you be sure that your spouse, parents, or other family members can get the information they need? HIPAA Authorizations are the best way to give chosen people access to your health information.  

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that dictates how healthcare information is shared. Your doctors and healthcare facilities will be unable to release your health information to others without having a valid HIPAA Authorization in hand. You can authorize the release of your health information by signing a HIPAA Authorization giving your healthcare provider permission to share your protected information according to the terms of the Authorization.

After you've executed your HIPAA Authorization, make sure you hang onto the original. Then, hand out copies to all your doctors and everyone you’ve named as a designated representative in the Authorization. Many designated representatives upload a copy to the secure medical records app on their phone to use in the event of your emergency. You can't assume medical staff will able to instantly pull up your document. 

The good news is your HIPAA Authorization is effective the moment you sign it. Your “designated representatives” can immediately be informed and assist with your care, even if you never you lose the ability to communicate or make your own decisions. They can discuss bills with a medical facility or insurance company on your behalf, or just reach out for information if you’re busy with other things. 

It's possible to designate multiple individuals in your HIPAA Authorization, allowing you to control who among them learns what information about your health. For example, you might allow your healthcare team to discuss heart issues, but keep details of any mental illness confidential. You can even create separate HIPAA Authorizations to address each facet of your health care.  

Many people think if they've designated someone as their agent in a Medical Power of Attorney, they don’t also need a HIPAA Authorization. Unfortunately, that’s not the case. While a Medical Power of Attorney permits a person to manage your healthcare, it doesn’t automatically grant your agent access to your medical records due to HIPAA privacy rules. Without a HIPAA Authorization in hand, it may be challenging for your healthcare agent to make well-informed decisions without information and input from your doctors. 

A HIPAA Authorization should dovetail with your other estate planning documents to ensure you have a comprehensive strategy in place to address all possible life contingencies. Working with an experienced estate planning attorney is the best way to accomplish that. Templates or boilerplate options will likely not be sufficient.

If you are looking for personal guidance and tailored solutions to your estate planning needs, contact an attorney at Reagan Moore. Our first step is to ask you to describe your objectives.  Understanding your goals will shape our strategy for you. We’re here to discuss your goals and your options.