HIPAA Authorizations

In some cases, a HIPAA authorization executed by the principal can be a helpful tool used with a medical power of attorney to enable the named agent to gain access to medical information of the principal to make medical treatment decisions. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) can be read to require an express authorization for disclosure of confidential information about a patient. The use of this separate document can also alleviate concerns that some medical professionals may have about relying upon a medical power of attorney, (e.g., the authority set forth in the HIPAA authorization is effective in all events, while a medical power of appointment is effective only when the principal cannot communicate his or her wishes). In addition, by expressly referring to HIPAA requirements in the HIPAA authorization itself, medical providers may feel more comfortable disclosing patient information to the persons named in the authorization. Lastly, HIPAA is federal law which may trump any perceived rights under state law.