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.
Arkansas 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 that identifies the information in a specific and meaningful fashion.
The authorization must identify the name or other specific identification of the person(s) or class of persons authorized to make the requested use or disclosure, and to whom the covered entity may make the requested use or disclosure.
The authorization must include a description of each purpose of the requested use or disclosure. The statement 'at the request of the individual' is a sufficient description when an individual initiates the authorization and does not provide a statement of purpose.
The authorization must include an expiration date or expiration event that relates to the individual or the purpose of the use or disclosure.
The authorization must be signed by the individual and dated. If signed by a personal representative, a description of the representative's authority to act for the individual must be provided.
The authorization must include a statement of the individual's right to revoke the authorization in writing, and either the exceptions to the right to revoke and a description of how to revoke, or a reference to the covered entity's notice of privacy practices.
The authorization must include a statement that information used or disclosed pursuant to the authorization may be subject to re-disclosure by the recipient and no longer protected by the Privacy Rule.
The authorization must include statements that the covered entity may not condition treatment, payment, enrollment, or eligibility for benefits on whether the individual signs the authorization, with specific exceptions.
If a covered entity seeks an authorization from an individual, the covered entity must provide the individual with a copy of the signed authorization.
The authorization should acknowledge Arkansas's data breach notification requirements for personal information, which includes medical information, and the covered entity's obligations in the event of a breach.
The authorization should acknowledge that under Arkansas law, patients have the right to access their medical records, and the authorization does not waive this right.
For mental health records, the authorization must specifically address the heightened confidentiality protections under Arkansas law for mental health information.
The authorization must specifically mention disclosure of HIV/AIDS information if applicable, as Arkansas law provides special protections for this information.
For substance abuse treatment records, the authorization must comply with both federal regulations (42 CFR Part 2) and Arkansas state requirements for such sensitive information.
The authorization must specifically address genetic information if applicable, as Arkansas has specific protections for genetic information privacy.
The authorization should address electronic signatures and records if the authorization will be executed electronically, in compliance with Arkansas's Uniform Electronic Transactions Act.
For minors, the authorization must comply with Arkansas laws regarding when minors can consent to their own healthcare and when parent/guardian authorization is required.
The authorization should acknowledge the relationship between HIPAA Authorizations and healthcare proxies or powers of attorney for healthcare under the Arkansas Healthcare Decisions Act.
A separate authorization is required for the use or disclosure of psychotherapy notes, with specific exceptions as outlined in federal regulations.