Skip to content

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.

0/5000

Key Things to Know

  1. 1

    HIPAA Authorizations are revocable at any time—you can change your mind about who has access to your information.

  2. 2

    Without a HIPAA Authorization, healthcare providers may be legally prohibited from sharing your medical information, even with close family members.

  3. 3

    Consider updating your HIPAA Authorization after major life events such as marriage, divorce, or when children reach adulthood.

  4. 4

    Be specific about what information can be shared—you can exclude sensitive information like mental health records or genetic testing if desired.

  5. 5

    Keep copies of your signed HIPAA Authorization with your other important documents and provide copies to your designated representatives.

  6. 6

    A HIPAA Authorization works best when paired with other healthcare documents like an advance directive and healthcare power of attorney.

  7. 7

    Different healthcare systems may have their own HIPAA Authorization forms, so you may need to complete multiple forms for different providers.

Key decisions before you file

Before you file a HIPAA Authorization in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The HIPAA Authorization guide walks through them.

Open the HIPAA Authorization guide

Customize your HIPAA Authorization Template with DocDraft

Pennsylvania Requirements for HIPAA Authorization

  • Federal Authorization Requirements (45 CFR § 164.508(c))

    The 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.

  • Core Elements of Authorization (45 CFR § 164.508(c)(1))

    The authorization must include a description of the information to be used or disclosed, identification of persons authorized to make the requested use or disclosure, identification of persons to whom the covered entity may make the requested use or disclosure, description of each purpose of the requested use or disclosure, expiration date or event, and signature of the individual with date.

  • Required Statements (45 CFR § 164.508(c)(2))

    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 the Privacy Rule.

  • Pennsylvania Mental Health Records Disclosure (Pennsylvania Mental Health Procedures Act, 50 P.S. § 7111)

    Special provisions for the disclosure of mental health records requiring specific authorization for release of such information, with additional protections beyond standard HIPAA requirements.

  • Pennsylvania Drug and Alcohol Treatment Records (Pennsylvania Drug and Alcohol Abuse Control Act, 71 P.S. § 1690.108)

    Specific requirements for authorizing disclosure of drug and alcohol treatment records, requiring express consent and specific statement of purpose.

  • HIV-Related Information Disclosure (Pennsylvania Confidentiality of HIV-Related Information Act, 35 P.S. § 7607)

    Pennsylvania law requires specific written consent for disclosure of HIV-related information, including a statement of the specific purpose of disclosure.

  • Prohibition on Compound Authorizations (45 CFR § 164.508(b)(3))

    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 specific exceptions.

  • Revocation Rights (45 CFR § 164.508(b)(5))

    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.

  • Copy to Individual (45 CFR § 164.508(c)(4))

    If a covered entity seeks an authorization from an individual, the covered entity must provide the individual with a copy of the signed authorization.

  • Pennsylvania Minors' Consent (35 P.S. § 10101 et seq.)

    Special provisions for minors who can consent to certain medical treatments (such as mental health, substance abuse, or reproductive health services) and therefore control the authorization for disclosure of related records.

  • Genetic Information Disclosure (Pennsylvania Genetic Information Privacy Act, 18 Pa.C.S. § 2725)

    Pennsylvania law provides additional protections for genetic information, requiring specific authorization for disclosure of such information.

  • Marketing Authorizations (45 CFR § 164.508(a)(3))

    If the authorization is for marketing purposes that involve financial remuneration, the authorization must state that such remuneration is involved.

  • Psychotherapy Notes (45 CFR § 164.508(a)(2))

    A separate authorization is required for the use or disclosure of psychotherapy notes, with limited exceptions.

  • Pennsylvania Breach Notification (Pennsylvania Breach of Personal Information Notification Act, 73 P.S. § 2301 et seq.)

    Pennsylvania requires notification to affected individuals in the event of a breach of protected health information, with specific timing and content requirements.

  • Electronic Signatures (15 U.S.C. § 7001 et seq.)

    Federal law permits electronic signatures on HIPAA authorizations if they comply with the requirements of the Electronic Signatures in Global and National Commerce Act.

  • Pennsylvania Electronic Transactions Act (Pennsylvania Electronic Transactions Act, 73 P.S. § 2260.101 et seq.)

    Pennsylvania law recognizes electronic signatures as legally valid for HIPAA authorizations when they comply with the state's electronic transactions requirements.

  • Sale of PHI (45 CFR § 164.508(a)(4))

    If the authorization is for the sale of protected health information, the authorization must state that the disclosure will result in remuneration to the covered entity.

  • Research Authorizations (45 CFR § 164.508(c)(1)(v))

    Special provisions for authorizations related to research, including the option for an expiration date stated as 'end of the research study' or 'none' for research databases or repositories.

  • Pennsylvania Medical Records Retention (28 Pa. Code § 115.23)

    Requirements for maintaining records of authorizations in accordance with Pennsylvania's medical records retention laws.

  • Plain Language Requirement (45 CFR § 164.508(c)(3))

    The authorization must be written in plain language that the individual can understand, avoiding complex legal or technical terminology.

Frequently Asked Questions