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.
Hawaii 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, the name of the person(s) authorized to make the requested use or disclosure, the name of the person(s) to whom the covered entity may make the disclosure, a description of each purpose of the disclosure, an expiration date or event, and the 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.
Hawaii law provides additional protections for medical records and requires specific authorization for the release of protected health information, complementing federal HIPAA requirements.
A separate authorization is required for the release of psychotherapy notes, which cannot be combined with an authorization for any other type of protected health information.
If the authorization is for marketing purposes that involve financial remuneration, the authorization must state that such remuneration is involved.
Special provisions apply to the disclosure of mental health records in Hawaii, requiring specific authorization that meets both state and federal requirements.
Hawaii law provides additional confidentiality protections for HIV/AIDS-related information, requiring specific authorization for disclosure.
Federal regulations provide additional protections for substance abuse treatment records, requiring specific authorization that complies with both HIPAA and 42 CFR Part 2.
Hawaii has additional requirements for the disclosure of substance abuse treatment records that must be addressed in the authorization.
Special authorization requirements apply to the disclosure of genetic information under both federal and Hawaii law.
Special provisions apply to authorizations for the disclosure of minors' health information, particularly for sensitive services that minors can consent to without parental involvement.
The authorization must not be conditioned on treatment, payment, enrollment, or eligibility for benefits, except in limited circumstances.
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 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.
Hawaii has specific provisions regarding the use and disclosure of electronic health records that must be addressed in the authorization.
An authorization for the use or disclosure of protected health information may not be combined with any other document to create a compound authorization, except in specific circumstances.
Special provisions apply to authorizations for the use or disclosure of protected health information for research purposes.
Hawaii has additional requirements for authorizations related to the use of protected health information in medical research.
The authorization must be written in plain language that the individual can understand.