HIPAA Authorizations: The Document That Gets Your People In the Room
Estate planning isn’t just about where your assets go when you die. It’s also about making sure the people you trust have the authority—and the access—they need while you’re still alive.
That includes access to your medical information. Because even the best-drafted legal documents won’t help much if your loved ones are locked out of the hospital, kept in the dark by privacy laws, or denied critical updates in a crisis.
That’s where a HIPAA Authorization comes in.
What Is HIPAA?
HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. Among other things, this federal law sets strict rules about how your private medical information can be used and disclosed. It’s why your doctor’s office makes you sign privacy forms. It’s why clinics won’t discuss your care over the phone without verifying your identity. And it’s why hospitals often refuse to give medical updates to anyone not explicitly authorized.
HIPAA is designed to protect your privacy—and that’s a good thing. But it can also become a major barrier if you haven’t planned ahead.
What Is a HIPAA Authorization?
A HIPAA Authorization is a legal document that names the people you want to have access to your protected health information (PHI). It spells out:
Who can receive your medical information
What information they can receive (general records, mental health, substance use treatment, etc.)
Which providers can release it
How long the authorization is valid
This form doesn’t give anyone the power to make medical decisions. That’s what an Advance Directive is for. The HIPAA Authorization simply lets the right people stay informed—because without it, they might not even be able to confirm that you’re a patient in the building.
Why It Matters in Oregon
Many people assume that naming a health care representative in their Oregon Advance Directive is enough. But under current law, it’s not.
The Advance Directive gives your chosen representative authority to make medical decisions if you’re incapacitated—but it does not automatically give them access to your medical records under federal HIPAA rules. That’s a common mistake, and one that can cause real problems.
For example:
Your spouse rushes to the ER after you’re hospitalized, only to be told that no information can be shared without a signed HIPAA Authorization.
Your adult children try to coordinate your care across multiple providers, but no one will release updates because the paperwork isn’t in place.
Your trustee or financial agent needs to verify your condition to act under a Power of Attorney—but the hospital won’t disclose anything without written consent.
Even a brief delay in access can cause chaos, especially when decisions need to be made quickly.
It’s Not Just About Emergencies
We tend to think of medical crises as dramatic, once-in-a-lifetime events. But HIPAA issues can crop up during everyday situations:
You’re groggy after surgery, and the nurse won’t update your partner.
You’re recovering from a stroke, and your child can’t get discharge instructions.
You’re in the hospital for observation, and no one can reach your attending physician to ask a simple question.
Privacy rules apply whether you’re in a coma or just temporarily out of commission. And they apply just as strictly to unmarried couples, adult siblings, and longtime friends as they do to strangers.
What This Document Actually Solves
With a HIPAA Authorization in place, your named individuals can:
Speak directly with your health care providers
Get test results, diagnoses, and care updates
Coordinate with hospitals, clinics, and specialists
Avoid legal barriers that delay or complicate your treatment
You can name a single person or several. You can include alternates. You can allow full access or limit the scope of what each person can see. It’s flexible—and it’s your call.
The most important part: it must be completed before something happens.
Why It’s Not Optional at Track Town Law
At Track Town Law, every estate plan we draft includes a HIPAA Authorization. No extra fee. No “optional add-on.” It’s a standard, essential part of every package—because without it, your loved ones may be flying blind when you need them most.
We tailor the form to fit your specific preferences, coordinate it with your Advance Directive, and make sure it’s portable. We recommend:
Keeping printed and digital copies in your estate planning binder
Storing a version on your phone
Emailing it to the people you’ve named
And while HIPAA Authorizations technically don’t expire unless you say they do, many providers hesitate to accept older forms. We generally advise reviewing and updating the document every few years—or whenever your circumstances change.
Common Misconceptions
“I signed something at my doctor’s office already.”
That form likely covers internal sharing within their system—it doesn’t authorize outside hospitals or give your spouse blanket access.
“My Advance Directive covers this, right?”
Not in Oregon. It names a decision-maker, but it doesn’t grant them HIPAA access.
“They’ll talk to my spouse anyway.”
Maybe. But maybe not. Larger systems often require strict compliance. Without this document, your loved ones could be left in the dark.
Who Should You Name?
There’s no hard limit. You can authorize:
A spouse or partner
Multiple adult children
A sibling, friend, or professional trustee
Anyone else you trust to handle sensitive health information appropriately
Just remember—access is access. Whoever you name can see your diagnoses, prescriptions, treatment history, mental health notes, and more. Make sure they’re people you genuinely trust.
Protecting Access Is Part of Protecting You
A HIPAA Authorization doesn’t get as much attention as a will or trust—but when the time comes, it’s one of the most practical, powerful tools in your estate plan.
It ensures your loved ones aren’t stuck outside the system, wondering what’s going on. It removes barriers. It gives clarity. And it lets your broader plan function the way it was designed to.
At Track Town Law, this document is never an afterthought. It’s part of every flat-fee estate plan we create—because real planning means planning for real-world problems.
If you’re not sure whether your existing plan includes a HIPAA Authorization—or if you want to create one that works across Oregon’s healthcare system—we can help.
Schedule your free consultation, or explore our transparent flat-fee pricing to see what’s included.
Let’s make sure your people aren’t left outside the door.
