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.
Wisconsin 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, identification of persons authorized to make the requested use or disclosure, identification of persons to whom the covered entity may make the requested disclosure, purpose of the requested use or disclosure, expiration date or event, and signature of the individual with 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.
Wisconsin law provides additional protections for patient health care records, requiring specific authorization for the release of medical information that complies with both state and federal requirements.
Wisconsin requires that authorizations for the release of medical records must be in writing, signed by the patient or authorized person, and specify the type of information to be disclosed, the types of health care providers making the disclosure, the purpose of the disclosure, the party to whom disclosure may be made, and the time period during which the authorization is effective.
Wisconsin law provides additional protections for mental health treatment records, requiring specific authorization for their release that is separate from general medical information.
Wisconsin law requires specific written informed consent for the disclosure of HIV test results, with additional protections beyond general medical information.
Federal regulations provide additional protections for substance use disorder treatment records, requiring specific authorization elements for their disclosure.
The authorization must include a statement that the covered entity may not condition treatment, payment, enrollment, or eligibility for benefits on whether the individual signs the authorization, with certain exceptions.
Wisconsin law prohibits conditioning the provision of care or treatment on a patient signing an authorization for disclosure of health care records, except in limited circumstances.
The covered entity must provide the individual with a copy of the signed authorization.
Wisconsin law specifies when minors may consent to their own health care and control the disclosure of their health information, particularly for reproductive health, mental health, and substance abuse treatment.
Wisconsin law provides specific protections for genetic information, requiring explicit authorization for the disclosure of genetic test results.
HIPAA requires specific authorization elements when protected health information is used for marketing purposes, including statements about remuneration.
HIPAA requires a separate authorization for the use or disclosure of psychotherapy notes that cannot be combined with any other authorization.
Wisconsin healthcare providers must maintain patient health care records for at least five years, including authorizations for disclosure.
Electronic signatures on HIPAA Authorizations must comply with the ESIGN Act and be legally valid under both federal and Wisconsin law.
Wisconsin law requires notification to patients when there is unauthorized disclosure of their protected health information, complementing federal HIPAA breach notification requirements.
HIPAA generally prohibits combining an authorization with any other document, with limited exceptions for research, psychotherapy notes, and certain other situations.