When people think about estate planning documents, they often focus on wills, trusts, and financial powers of attorney. But there is another document that is just as important, and frequently overlooked: a HIPAA authorization.
Without one, even your closest family members may be legally barred from accessing your medical information in a crisis. A properly drafted HIPAA authorization removes that barrier.
What Is a HIPAA Authorization?
HIPAA stands for the Health Insurance Portability and Accountability Act, a federal law that protects the privacy of your medical records and health information. Under HIPAA, healthcare providers cannot disclose your protected health information to anyone outside of treatment, payment, and healthcare operations without your written permission.
A HIPAA authorization is that written permission. It is a signed document that designates specific individuals who are allowed to receive and discuss your medical information with your doctors, hospitals, and other providers. This includes information about diagnoses, treatment plans, test results, medications, and prognosis.
Why Does It Matter for Estate Planning?
If you have a healthcare directive or durable power of attorney for healthcare, your designated agent has authority to make medical decisions on your behalf. But that authority to make decisions is different from the legal right to access your medical records. HIPAA creates a separate layer of privacy protection that can block even a properly appointed healthcare agent from getting information they need to act effectively.
A HIPAA authorization, signed separately and specifically, ensures that your agent can communicate freely with your medical team, review your records, and make fully informed decisions on your behalf. Without it, providers may refuse to share information out of an abundance of caution, even when your agent has legal decision-making authority.
Who Should Be Named in a HIPAA Authorization?
You can name as many individuals as you choose. Most clients name:
- Their designated healthcare agent or proxy
- A spouse or domestic partner
- Adult children
- A trusted sibling or close family member who may assist in a crisis
- An attorney who may need to coordinate care with medical providers
Naming multiple people does not mean they all share decision-making authority. It simply means they are permitted to receive your health information. Decision-making authority is established separately in your healthcare directive or durable power of attorney for healthcare.
How a HIPAA Authorization Fits Into Your Estate Plan
A HIPAA authorization is a standalone document that works alongside your other advance directives. A complete California estate plan that addresses healthcare typically includes:
- A California Advance Health Care Directive (covering your living will and healthcare agent designation)
- A durable power of attorney for healthcare
- A HIPAA authorization
Together, these three documents ensure that your wishes are documented, your agent has authority to act, and your medical team can communicate openly with the people you trust.
What Happens Without One?
Without a HIPAA authorization, your loved ones may face significant delays and frustration at exactly the moment they need information most. Hospitals and providers take their compliance obligations seriously, and without written authorization, many will decline to share information with family members, regardless of the circumstances. This can create unnecessary stress and potentially interfere with the quality and timeliness of your care.
Start the Conversation
A HIPAA authorization is a simple document to put in place, but its absence can have real consequences. If your current estate plan does not include one, now is a good time to add it. I work with clients throughout California. Call me at 310-213-7711 or schedule a consultation online to get started.
