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.
Delaware 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 persons 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 sufficient 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 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 about whether the covered entity may condition treatment, payment, enrollment, or eligibility for benefits on the authorization.
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 covered entity must provide the individual with a copy of the signed authorization.
Delaware law requires that any disclosure of personal health information must comply with both state and federal privacy laws, with specific provisions for mental health records.
Special protections for mental health records require specific authorization for the release of such information, with clear indication of what mental health information may be disclosed.
Disclosure of HIV/AIDS test results requires a specific authorization that explicitly mentions HIV/AIDS information and meets additional state requirements for confidentiality.
Records related to substance abuse treatment require specific authorization that complies with both state law and federal regulations under 42 CFR Part 2.
Authorization for disclosure of genetic information must specifically identify genetic information as the subject of disclosure and provide additional protections against discrimination.
Authorizations for disclosure of information from electronic health records must comply with Delaware's Health Information Exchange requirements and specify whether electronic records are included in the scope.
For minors who have consented to certain treatments (such as STI testing, substance abuse treatment), authorization must comply with Delaware's minor consent laws which may allow minors to control disclosure of certain health information.
If the authorization is connected to a power of attorney for healthcare, it must comply with Delaware's Durable Personal Powers of Attorney Act requirements.
The authorization should acknowledge Delaware's medical records retention requirements, which may affect how long records are available for disclosure.
The authorization should include acknowledgment of Delaware's data breach notification laws which require notification if protected health information is improperly disclosed.