Arizona HIPAA Authorization
Frequently Asked Questions
By Richard Keyt and Richard C. Keyt, Arizona Estate Planning Attorneys
Richard Keyt (Rick, the father at 480-664-7478) and his son, former CPA Richard C. Keyt (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 294 5-star Google reviews and 407 5-star Google, Facebook & Birdeye reviews. They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or book a free office, phone or Zoom video meeting.
If you've ever wondered what happens when a doctor refuses to tell your family member how you're doing after a serious accident — or whether your healthcare agent can actually access your medical records — you need to understand Arizona HIPAA authorizations. This article answers the questions Arizona residents ask most often about HIPAA authorizations. For a comprehensive explanation of this important document, be sure to read our full article called Arizona HIPAA Authorization.
Arizona HIPAA Authorization
Frequently Asked Questions
1. What Is a HIPAA Authorization?
A HIPAA authorization is your written consent allowing your doctors, hospitals, and other healthcare providers to share your private medical information — called “protected health information” or “PHI” — with people you specifically name. Without this document, federal law generally prohibits your medical providers from disclosing your health information to anyone, including the people you love and trust most.
2. What Does “HIPAA” Stand For?
HIPAA stands for the Health Insurance Portability and Accountability Act, a federal law passed by Congress in 1996. The HIPAA Privacy Rule, which became effective on April 14, 2003, established national standards covering how protected health information may be used and disclosed — including who can receive that information and under what circumstances.
3. Why Do I Need a Separate HIPAA Authorization If I Already Have a Healthcare Power of Attorney?
This is one of the most important and misunderstood questions in estate planning. Your Healthcare Power of Attorney names the person or people you authorize to make medical decisions for you if you become incapacitated. However, that document alone does not automatically grant your healthcare agent the right to receive your medical information from your providers.
A HIPAA authorization is the document that specifically unlocks your medical records for the people you name. Without it, your healthcare agent may have the legal authority to make decisions for you but be denied the information they need to make those decisions wisely. That's why at KEYTLaw, we include a HIPAA authorization as an essential part of every estate plan we prepare.
For a full explanation of how the HIPAA authorization works alongside your Healthcare Power of Attorney, read my article called Arizona HIPAA Authorization.
4. Who Can I Name in My HIPAA Authorization?
You can name any individual or individuals you trust. Most people name the same person they designated as their healthcare power of attorney agent — often a spouse, adult child, or close family member. You can also name multiple people if you want more than one person to have access to your medical information.
5. Can a Doctor Refuse to Share My Medical Information Even If I Have a HIPAA Authorization?
Generally, no. When you have a valid, properly executed HIPAA authorization, your healthcare providers are permitted to share the specific information described in the authorization with the people you've named. Without a HIPAA authorization, however, sharing that information would violate the HIPAA Privacy Rule, which can result in severe financial penalties and may even constitute a criminal act.
6. What Information Is Covered by a HIPAA Authorization?
A HIPAA authorization can cover all of your protected health information, or it can be limited to certain types of information, certain providers, or a specific time period — it's your choice. Some categories of information, such as mental health records, substance abuse treatment records, HIV/AIDS status, and genetic testing results, may require separate, specific authorization because they receive extra legal protection beyond the standard HIPAA rules.
7. Does My HIPAA Authorization Have an Expiration Date?
It depends on how the document is drafted. Your HIPAA authorization can be set to expire after a specific period of time, upon a specific event, or it can remain in effect indefinitely until you revoke it. For estate planning purposes, HIPAA authorizations are typically drafted to remain effective until your death or until you revoke the authorization in writing.
8. Can I Revoke My HIPAA Authorization?
Yes. You can revoke your HIPAA authorization at any time by notifying your healthcare providers in writing. However, revocation does not affect information that was already shared before the revocation — it only stops future disclosures.
9. What Happens If I Don't Have a HIPAA Authorization?
Without a HIPAA authorization, your loved ones and healthcare agents may be legally barred from getting information about your medical condition — even in a life-or-death situation. They may be forced to go to court to obtain the right to access your medical records, costing time and money during what is already an incredibly difficult time. This is precisely why every Arizona adult should have a properly drafted HIPAA authorization as part of a complete estate plan.
Q 10. Can I use a fill-in-the-blank or online power of attorney form I found on the internet?
We strongly advise against it. Many online forms are either from other states (and may not comply with Arizona law), are out of date, use vague language that financial institutions will reject, or omit critical powers your agent will need. A document that is technically defective or that your bank refuses to honor is worthless — often discovered at the worst possible moment. The cost of having an experienced Arizona estate planning attorney draft this document correctly is small compared to the cost and chaos of having it fail when your family needs it.
11. What Happens If I Don't Have a HIPAA Authorization?
Without a HIPAA authorization, your loved ones and healthcare agents may be legally barred from getting information about your medical condition — even in a life-or-death situation. They may be forced to go to court to obtain the right to access your medical records, costing time and money during what is already an incredibly difficult time. This is precisely why every Arizona adult should have a properly drafted HIPAA authorization as part of a complete estate plan.
12. Is a HIPAA Authorization the Same as a Healthcare Power of Attorney?
No, they are two different documents that serve two different purposes. A Healthcare Power of Attorney gives your agent the authority to make healthcare decisions on your behalf. A HIPAA Authorization gives your named individuals the right to receive your medical information from your providers. These documents work together — without both, your healthcare agent may have authority but not information, which can seriously limit their ability to act in your best interests.
13. What If My Adult Child Needs Me to Be Able to Talk to Their Doctor?
HIPAA doesn't just apply to elderly or incapacitated individuals. Once a person turns 18, they are legally an adult, and their medical information is private — even from their parents. If you have an adult child who has gone off to college or moved out, and you want to be able to communicate with their doctors in an emergency, your child should sign a HIPAA authorization naming you as someone who can receive their medical information.
14. How Do I Get a Properly Drafted Arizona HIPAA Authorization?
While there are generic HIPAA release forms available online, there is no one-size-fits-all federal HIPAA authorization form. The document must meet specific legal requirements to be valid. Because the stakes are high — your medical privacy and your loved ones' ability to help you in a crisis — working with an experienced Arizona estate planning attorney is the smart choice.
At KEYTLaw, we include a comprehensive, properly drafted HIPAA Authorization in every estate plan we prepare. We make it easy with a free office, phone, or Zoom video consultation so we can learn about your situation and design a custom estate plan that works for you and your family.
15. Where Can I Read More About Arizona HIPAA Authorizations?
For a thorough, in-depth explanation of what a HIPAA authorization is, what it covers, why you need one, and how it fits into your Arizona estate plan, read my full article:
16. Contact KEYTLaw for a Free Office, Phone or Zoom Consultation
If you have questions about a HIPAA authorization or any other part of your Arizona estate plan, we invite you to schedule a free office, phone, or Zoom video meeting with one or our Arizona estate plannning attorneys. Richard Keyt has practiced law in Arizona since 1979 and have helped 1,000+ Arizona families protect their loved ones with comprehensive, custom estate plans.
📞 Call or email Richard Keyt at 480-664-7478 📧 [email protected] 🌐 www.keytlaw.com
Use our online calendar to book your free, no-obligation consultation at your convenience.
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Call or email Richard Keyt, the father
Direct phone: 480-664-7478
Email: [email protected]
Call or email Richard C. Keyt, the son
Direct phone: 480-664-7472
Email: [email protected]