HIPAA Authorization: What You Need to Know to Protect Your Medical Privacy
Learn about HIPAA Authorization forms, why they matter for your healthcare privacy, and how to use them effectively regardless of your family or financial situation.
Introduction
A HIPAA Authorization is a legal document that gives healthcare providers permission to share your protected health information with specific people or organizations. Unlike the basic HIPAA privacy notices you routinely sign at doctor's offices, a HIPAA Authorization provides you with control over who can access your medical information beyond your direct healthcare providers. Whether you're married with children, single, or have significant assets to protect, understanding how to use HIPAA Authorizations effectively is crucial for maintaining privacy while ensuring your loved ones can help during medical emergencies.
Key Things to Know
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HIPAA Authorizations are revocable at any time—you can change your mind about who has access to your information.
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Without a HIPAA Authorization, healthcare providers may be legally prohibited from sharing your medical information, even with close family members.
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Consider updating your HIPAA Authorization after major life events such as marriage, divorce, or when children reach adulthood.
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Be specific about what information can be shared—you can exclude sensitive information like mental health records or genetic testing if desired.
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Keep copies of your signed HIPAA Authorization with your other important documents and provide copies to your designated representatives.
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A HIPAA Authorization works best when paired with other healthcare documents like an advance directive and healthcare power of attorney.
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Different healthcare systems may have their own HIPAA Authorization forms, so you may need to complete multiple forms for different providers.
Key Decisions
HIPAA Authorization Requirements
Full legal name, date of birth, address, phone number, and other identifying information of the individual whose protected health information will be disclosed.
Include the patient's medical record number or other healthcare identifier if available.
Arizona Requirements for HIPAA Authorization
The HIPAA Authorization must be written in plain language and contain specific elements including a description of the information to be disclosed, the person authorized to make the disclosure, the person to whom the disclosure may be made, an expiration date, and a statement of the individual's right to revoke the authorization.
The authorization must include a description of the information to be used or disclosed, identification of persons authorized to make the requested use or disclosure, identification of persons to whom the covered entity may make the requested use or disclosure, description of each purpose of the requested use or disclosure, expiration date or event, and signature of the individual with date.
The authorization must include statements about the individual's right to revoke the authorization in writing, the ability or inability to condition treatment on the authorization, and the potential for information to be redisclosed by the recipient and no longer protected by HIPAA.
The authorization must clearly state that the individual has the right to revoke the authorization at any time in writing, except to the extent that the covered entity has already taken action in reliance on the authorization.
The covered entity must provide a copy of the signed authorization to the individual.
An authorization for use or disclosure of protected health information may not be combined with any other document to create a compound authorization, with certain exceptions.
A covered entity may not condition treatment, payment, enrollment, or eligibility for benefits on whether an individual signs an authorization, with certain exceptions.
Arizona law requires that a valid authorization for the release of medical records must be in writing, signed by the patient or the patient's health care decision maker, and dated.
Arizona law provides for health care directives that allow individuals to appoint a representative to make health care decisions, which may include accessing protected health information.
Special provisions apply to the disclosure of mental health records in Arizona, requiring specific authorization for the release of such information.
Arizona law requires specific written authorization for the disclosure of HIV-related information, which must be separate from other authorizations.
Arizona follows federal regulations requiring specific authorization for the disclosure of substance abuse treatment records.
Arizona law provides specific protections for genetic testing information, requiring explicit authorization for disclosure.
Arizona law specifies circumstances under which minors can consent to certain health services without parental consent, affecting who can authorize disclosure of related health information.
Arizona recognizes electronic signatures as legally binding, allowing for electronic HIPAA authorizations if they meet all other requirements.
A separate authorization is required for the use or disclosure of psychotherapy notes, which cannot be combined with an authorization for other types of health information.
If the authorization is for marketing purposes that involve financial remuneration, the authorization must state that such remuneration is involved.
An authorization for the sale of protected health information must state that the disclosure will result in remuneration to the covered entity.
Arizona has specific laws regarding telehealth services that may affect how protected health information is shared electronically and what authorizations are required.
An authorization is not valid if it has expired, lacks a required element, is known to be revoked, contains false information, or violates the rules on compound authorizations or conditioning.