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.
Colorado 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 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 corresponding notice of privacy practices.
The authorization must include a statement that the covered entity may not condition treatment, payment, enrollment, or eligibility for benefits on whether the individual signs the authorization, with specific exceptions.
The authorization must include a statement that information used or disclosed pursuant to the authorization may be subject to redisclosure by the recipient and no longer protected by the Privacy Rule.
The authorization must be signed and dated by the individual. If signed by a personal representative, a description of the representative's authority must be provided.
Colorado law provides patients with the right to access, obtain copies of, and authorize disclosure of their medical records, which must be considered in drafting a HIPAA Authorization in Colorado.
Special provisions apply to the disclosure of mental health records in Colorado, requiring specific authorization for the release of such information.
Colorado law provides enhanced confidentiality protections for HIV/AIDS-related information, requiring specific authorization for disclosure.
Colorado law provides specific protections for substance use disorder treatment records, which must be addressed in authorizations seeking disclosure of such information.
Colorado law provides specific protections for genetic information, requiring explicit authorization for disclosure.
If the authorization will involve the sale of protected health information, the authorization must state that the disclosure will result in remuneration to the covered entity.
If the authorization is for marketing purposes that involve financial remuneration, the authorization must state that such remuneration is involved.
A separate authorization is required for the use or disclosure of psychotherapy notes, with specific exceptions.
The Colorado Privacy Act provides consumers with rights regarding their personal data, including health information, which may impact HIPAA Authorizations.
The authorization should specify that only the minimum necessary protected health information will be disclosed to accomplish the intended purpose of the use, disclosure, or request.
Colorado law establishes confidentiality requirements for medical information that may exceed federal HIPAA requirements in certain contexts.
The covered entity must provide the individual with a copy of the signed authorization.
Colorado has specific provisions regarding electronic health records and health information exchanges that may affect how authorizations are processed electronically.
An authorization for the use or disclosure of protected health information may not be combined with any other document to create a compound authorization, with specific exceptions.
Colorado law provides specific circumstances under which minors may consent to certain health services without parental knowledge or consent, affecting authorization requirements for minors' protected health information.