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.
New Hampshire 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 and date.
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 re-disclosure by the recipient and no longer protected by the Privacy Rule.
New Hampshire law requires that medical information be kept confidential and provides additional protections beyond HIPAA for certain types of medical information, particularly mental health records.
Special provisions apply to the disclosure of mental health records in New Hampshire, requiring specific authorization for the release of such information.
New Hampshire law provides additional protections for HIV-related information, requiring specific written authorization for disclosure of HIV test results.
New Hampshire law provides additional protections for substance use disorder treatment information, requiring specific authorization for disclosure.
The covered entity may not condition treatment, payment, enrollment, or eligibility for benefits on whether the individual signs the authorization, with certain exceptions.
An authorization for the use or disclosure of protected health information may not be combined with any other document to create a compound authorization, with certain exceptions.
If a covered entity seeks an authorization from an individual, the covered entity must provide the individual with a copy of the signed authorization.
New Hampshire law allows minors to consent to certain healthcare services without parental knowledge or consent, which affects authorization requirements for disclosure of such information.
A separate authorization is required for the use or disclosure of psychotherapy notes, with limited exceptions.
An authorization is required for use or disclosure of protected health information for marketing purposes, with certain exceptions.
An authorization is required for any disclosure of protected health information in exchange for direct or indirect remuneration, and must state that the disclosure will result in remuneration to the covered entity.
New Hampshire law provides additional protections for genetic testing information, requiring specific authorization for disclosure.
Federal law permits electronic signatures for HIPAA authorizations if they comply with the ESIGN Act requirements.
New Hampshire law recognizes electronic signatures as legally binding, which applies to HIPAA authorizations executed electronically in the state.
When using or disclosing protected health information, a covered entity must make reasonable efforts to limit the information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.
New Hampshire's Patient Bill of Rights provides patients with certain rights regarding their medical information, including the right to access their medical records and the right to confidentiality of their medical information.