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
- 1
HIPAA Authorizations are revocable at any time—you can change your mind about who has access to your information.
- 2
Without a HIPAA Authorization, healthcare providers may be legally prohibited from sharing your medical information, even with close family members.
- 3
Consider updating your HIPAA Authorization after major life events such as marriage, divorce, or when children reach adulthood.
- 4
Be specific about what information can be shared—you can exclude sensitive information like mental health records or genetic testing if desired.
- 5
Keep copies of your signed HIPAA Authorization with your other important documents and provide copies to your designated representatives.
- 6
A HIPAA Authorization works best when paired with other healthcare documents like an advance directive and healthcare power of attorney.
- 7
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.
Maine 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 an expiration date or expiration event that relates to the individual or the purpose of the use or disclosure.
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 redisclosure by the recipient and no longer protected by the Privacy Rule.
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.
With limited exceptions, covered entities may not condition treatment, payment, enrollment, or benefits eligibility on an individual signing an authorization.
If a covered entity seeks an authorization from an individual, the covered entity must provide the individual with a copy of the signed authorization.
Maine's law provides additional protections for health care information and requires specific authorization for disclosure of health care information.
Under Maine law, an authorization must be dated and signed by the individual or a person authorized to exercise the individual's rights, and must specify the types of persons authorized to disclose, the nature of the information to be disclosed, the identity of the recipient, and the duration of the authorization.
In Maine, an authorization is valid for 30 days unless otherwise specified in the authorization or unless the authorization is for the purpose of research or payment, in which case the authorization may be for a longer period.
Maine law provides additional protections for HIV test results and requires specific authorization for disclosure of such information.
Maine law provides special protections for mental health information and requires specific authorization for disclosure of such information.
Maine law provides special protections for substance use disorder information and requires specific authorization for disclosure of such information.
A covered entity may not receive direct or indirect remuneration in exchange for any protected health information unless specifically authorized by the individual.
An authorization for use or disclosure of protected health information may not be combined with any other document to create a compound authorization, with certain exceptions.
Maine law grants certain minors the right to consent to healthcare and control the disclosure of their health information in specific circumstances.
Federal law provides additional protections for genetic information, and authorizations for disclosure of such information must meet specific requirements.
Maine law provides additional protections for genetic information and requires specific authorization for disclosure of such information.