Senior man signing a HIPPA form

Explaining HIPPA Authorizations: What They Are and Why They Are Important

You might have heard the term “HIPAA authorization” when discussing healthcare or estate planning. But what does it really mean? A HIPAA authorization is a document that allows healthcare providers to share your medical information with specific individuals that you designate. It’s a key part of managing your healthcare and ensuring your loved ones have access to vital information. Whether you’re updating your estate plan or just want to ensure your family can get the information they need, understanding HIPAA authorizations is important. 

What Is a HIPAA Authorization? 

A HIPAA authorization is a legal document that allows you to give specific people access to your medical information. While HIPAA laws generally protect your private health information, a HIPAA authorization makes sure that certain individuals you trust—such as family members or healthcare agents—can communicate with your doctors and access your records when needed.

This authorization is different from a general power of attorney or a healthcare directive. It doesn’t let someone make medical decisions for you; instead, it simply grants them permission to receive and discuss your health information. It’s a useful tool for ensuring that your loved ones are kept informed and can assist in managing your healthcare if necessary. Including this document in your estate plan helps to ensure everyone is on the same page regarding your medical situation.

Why Is a HIPAA Authorization Important in Estate Planning? 

Including a HIPAA authorization in your estate plan is a way to ensure your healthcare agents, trustees, or other designated individuals can access the information they need when it matters most. In situations where quick decisions are required, having immediate access to your medical information can make all the difference for your healthcare and financial well-being.

For example, imagine a scenario where you become unable to communicate your healthcare preferences. Your designated healthcare agent or family member may need to consult your doctors to better understand your condition and make informed decisions on your behalf. Without HIPAA authorization, healthcare providers may not be able to share that information, potentially delaying important decisions or leading to unnecessary complications.

HIPAA authorizations also work hand-in-hand with other estate planning documents, like an advance healthcare directive, to provide a complete picture of your wishes. They provide an extra layer of support to your loved ones, ensuring they can act in your best interests without legal barriers.

How to Create a HIPAA Authorization  

Creating a HIPAA authorization is a straightforward process:

  • Decide who you trust to access your medical information: This could be a spouse, adult child, or even a close friend.
  • Outline the specific information they are allowed to access: Clearly state what medical information can be shared.
  • Determine how long the authorization will be valid: You can choose to make it effective immediately or only under certain circumstances.

We’ll work with you to draft a HIPAA authorization that fits your needs and aligns with your other estate planning documents. This ensures a seamless process for your healthcare agents and loved ones if they need to access your records. It’s important to regularly review and update your HIPAA authorization, especially if your relationships or healthcare needs change. 

Common Questions About HIPAA Authorizations

One common question we hear is whether a HIPAA authorization expires. The answer depends on how it’s written. You can set an expiration date or keep it valid indefinitely. It’s also important to know who should have a copy of the document. We recommend giving copies to the individuals named in the authorization and keeping one with your estate planning documents.

The process of updating your HIPAA authorization is simple. We can help you make any necessary changes to reflect your current preferences and ensure your loved ones have the necessary access.

Contact Our Experienced Orange County HIPAA Authorization Attorneys

Including HIPAA authorization in your estate plan is a proactive way to support your loved ones when they need it most. It ensures that your healthcare information can be shared with those you trust without unnecessary delays. If you’re ready to add a HIPAA authorization to your estate plan, or if you need to update an existing one, contact OC Wills & Trust Attorneys today. We’re here to help.

Brian Chew, the managing partner of OC Wills & Trust Attorneys, has extensive experience in the areas of estate planning, asset protection planning, business succession planning, long-term care planning, and veterans’ benefits. By devoting his practice to estate planning matters, he has founded a firm that strives to provide exceptional service to their clients by working closely with individuals and their families to create comprehensive and customized estate plans. For the past twenty five years, Brian has served thousands of clients in the matters of estate planning, wills and trusts. If you have any questions about this article, you can reach Brian Chew here.