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.
Maryland 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 certain exceptions, covered entities may not condition treatment, payment, enrollment, or eligibility for benefits on whether an individual signs 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.
Maryland law provides additional protections for medical records and requires specific authorization for disclosure of medical records, which must be in writing and include the name of the person to whom the disclosure is to be made.
Special provisions apply to mental health records in Maryland, requiring specific authorization for the disclosure of these records.
Maryland law requires specific written authorization for the disclosure of HIV/AIDS-related information, which must be separate from other authorizations.
Maryland law provides additional protections for substance abuse treatment records, requiring specific authorization for disclosure.
Maryland has specific provisions regarding the exchange of electronic health information that may affect HIPAA authorizations for electronic records.
Maryland law allows minors to consent to certain health services without parental knowledge, which affects who can authorize disclosure of those records.
Maryland law specifies who may act as a personal representative for health care decisions, which affects who may sign HIPAA authorizations on behalf of incapacitated individuals.
Federal law requires a separate authorization for the release of psychotherapy notes, which cannot be combined with an authorization for other types of protected health information.
If the authorization is for marketing purposes that involve financial remuneration, the authorization must state that such remuneration is involved.
An authorization for the sale of protected health information must state that the disclosure will result in remuneration to the covered entity.
Maryland law provides specific protections for genetic information and requires explicit authorization for the disclosure of genetic test results.