Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

In general, having a healthcare power of attorney does not automatically negate the need for a HIPAA authorization or release. While a healthcare power of attorney grants someone the authority to make medical decisions on behalf of another person, it does not inherently provide access to protected health information under HIPAA (Health Insurance Portability and Accountability Act) regulations.

A healthcare power of attorney typically becomes effective when the principal (the person granting the power) is incapacitated and unable to make their own medical decisions. However, HIPAA protections apply regardless of a person’s capacity to make decisions. Therefore, to ensure full access to medical information, it is often advisable to have both a healthcare power of attorney and a separate HIPAA authorization.

That being said, some healthcare power of attorney documents may include specific language that addresses HIPAA concerns and authorizes the release of medical information to the appointed agent. If this is the case, a separate HIPAA authorization may not be necessary. However, it is crucial to review the specific language in the healthcare power of attorney document to determine if it adequately covers HIPAA requirements.

Healthcare providers and institutions may have varying policies regarding the acceptance of healthcare power of attorney documents as sufficient authorization for releasing protected health information. Some may require a separate HIPAA authorization to ensure compliance with federal privacy regulations.

To avoid potential complications and ensure seamless access to medical information, legal experts often recommend executing both a healthcare power of attorney and a separate HIPAA authorization. This approach provides clarity and helps prevent any delays in accessing critical health information when it is most needed.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.