What’s a HIPAA Release Form?

Kim DelMonico, BA, JD, Esq.

K.

Kim DelMonico, BA, JD, Esq.

Learn what a HIPPA release form is with information on the purpose of a HIPPA release form, how to get one, how to fill it out, and answers to FAQs.

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When you begin your end-of-life planning journey you will quickly realize that planning involves more than just one or two legal documents related to your property. Comprehensive end-of-life planning addresses all aspects of your life, including your health information.

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One way that you can account for your health information is with a HIPAA release form. HIPAA is actually an abbreviation for the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

A HIPAA release form is a release form that you use for your health information. With a HIPAA release form, you can direct who can release your health information and who you would like to have access to your health information. Access to your health information can be crucial for your loved ones in the event that something happens to you and you are unable to give consent. In this guide, we’ll talk in greater detail about HIPAA release forms.

HIPAA Release Form Defined

HIPAA, or the Health Insurance Portability and Accountability Act , sets a standard for the protection of certain health information. As discussed above, a HIPAA release form allows you to authorize your healthcare provider to disclose certain health information to another person or organization.

Your privacy is important. Especially your privacy when it comes to your health information. HIPAA is an effort to protect your health information while also ensuring that necessary information can be communicated between parties. One of the goals of HIPAA is to protect the public while also encouraging quality health care.

HIPAA imposes privacy regulations on individually identifiable health information. There are a number of parties who are subject to the privacy regulations. These parties are those who are most likely to come into contact with your health information and include the following: health plans, health care clearinghouses, and health care providers. Without your permission, the above parties are limited by the law with how they can use or disclose your information.

Purpose

HIPAA imposed strict restrictions on the above parties. These restrictions notably protect all "individually identifiable health information” from being shared in any way

Please note that the restrictions only apply to individually identifiable health information or information that relates to you. Individually identifiable health information includes any information that can be used to identify you such as your name, address, date of birth, and social security number. It is also demographic data that relates to:

HIPAA imposes strict requirements on how parties can handle and release your information. In order for a party to disclose your information you have to give the party permission. You can give a party permission to release your medical information by filling out a HIPAA release form.

A HIPAA release form can be as broad or as specific as you would like. Utilizing the HIPAA release form you can specify who you would like to have access to your medical information. You can also specify what information they are allowed to access. You can further protect your privacy by using the form to specify a duration for the authorization for the release of your health information.

If you are unclear as to why a HIPAA release form is important, you only need to consider any number of scenarios where you are unable to consent to the disclosure of your medical information. For example, imagine you are injured and your loved one has to make a decision about your health care.

If you have filled out a HIPAA release form, then your loved one will have access to the necessary information to make a decision that is in your best interest. Without a HIPAA release form, your loved one may have to make a decision for you with little to no insight into your medical history and current medical condition.

Requirements

If you have ever visited a doctor’s office or a hospital, you have most likely encountered a HIPAA release form. Different entities have different HIPAA release forms. In order to be valid, a HIPAA release form must meet certain requirements. If the release form does not meet certain minimum requirements then it is not a valid authorization.

The requirements of a HIPAA release form include the following:

How to Get and Fill Out a HIPAA Release Form

Since HIPAA is a public law it is easy to assume that there is a public form available for use. Unfortunately, that is not true. If you are trying to get and fill out a HIPAA release form, you are going to have to find a form on your own.

How to obtain a HIPAA release form

As mentioned above, there is not a standard HIPAA form that is used across the United States. However, most medical providers have their own HIPAA release form. If you want a HIPAA release form for a specific medical provider, then the best way to get the form is simply to ask your provider.

For emergency or end-of-life planning purposes, you may want your own HIPAA release form. When you create your own HIPAA release form, you can tailor it to meet your needs. You can also ensure that important people have a copy of the form.

Once you fill out your HIPAA release form, you should make sure that your physician has a copy, your lawyer has a copy (if you have a lawyer), a trusted friend or family member has a copy, anyone you name in the form has a copy, and that you keep a copy for yourself.

It is possible for you to draft your own HIPAA release form. If the form meets the above requirements, it should be valid.

The Cake website also has a HIPAA release form that you can download and fill out. Once you have obtained a HIPAA release form, the next step is to fill out the release form.

How to fill out a HIPAA release form

Filling out a HIPAA release form should be a straightforward process. Each form may be a little bit different but all forms should contain, at the very least, the required information.

Here, our instructions for how to fill out a HIPAA release form are tailored to the HIPAA release form on the Cake website and include the following: