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.
Louisiana 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, 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.
Louisiana law provides patients with the right to access, obtain copies of, and authorize disclosure of their medical records maintained by healthcare providers, with specific requirements for the form and content of authorizations.
Louisiana law protects the confidentiality of health information and requires specific authorization for disclosure, complementing federal HIPAA requirements with state-specific protections.
A covered entity may not condition treatment, payment, enrollment, or eligibility for benefits on whether an individual signs an authorization, except in limited circumstances such as research-related treatment or health plan eligibility determinations.
An authorization for use or disclosure of PHI may not be combined with any other document to create a compound authorization, except in specific circumstances outlined in the regulations.
An individual may revoke an authorization at any time, provided that the revocation is in writing, except to the extent that the covered entity has taken action in reliance on the authorization.
Louisiana law provides additional protections for mental health records, requiring specific authorization for their disclosure and limiting the information that may be released even with authorization.
Louisiana law requires specific authorization for the disclosure of HIV/AIDS test results and related information, with additional protections beyond general medical information.
Louisiana law provides additional protections for substance abuse treatment records, requiring specific authorization for their disclosure in accordance with both state law and federal regulations.
A separate authorization is required for the use or disclosure of psychotherapy notes, with specific exceptions outlined in the regulations.
If the authorization is for marketing purposes that involve financial remuneration, the authorization must state that such remuneration is involved.
If the authorization is for the sale of protected health information, it must state that the disclosure will result in remuneration to the covered entity.
Louisiana law recognizes electronic signatures for medical record authorizations, provided they comply with the Louisiana Uniform Electronic Transactions Act.
Federal law provides additional protections for genetic information, requiring specific authorization for its disclosure and prohibiting health plans from using such information for underwriting purposes.
Louisiana law provides specific protections for genetic information, requiring explicit authorization for its disclosure and limiting the use of such information by insurers and employers.
Federal and Louisiana law provide specific rules regarding who may authorize disclosure of a minor's protected health information, with special provisions for emancipated minors and certain types of treatment.
HIPAA requires covered entities to treat a personal representative as the individual for purposes of the Privacy Rule, with specific provisions for deceased individuals, adults, and unemancipated minors.
Louisiana law provides for the appointment of healthcare representatives through a durable power of attorney for healthcare, which may include authorization to access medical records and make healthcare decisions.