HIPAA Authorization: How to Access Your Parent's Medical Records

You rush to the emergency room after getting a call that your mother has fallen. When you arrive, the doctor needs to know her medications, allergies, and medical history. You've been managing her healthcare for years and know everything—but legally, the hospital can't tell you anything or even confirm she's there without proper authorization. This frustrating scenario plays out daily for caregivers who haven't completed the necessary HIPAA paperwork.

HIPAA—the Health Insurance Portability and Accountability Act—protects patient privacy, which is generally a good thing. But for family caregivers, it can create significant obstacles to providing care. Without proper HIPAA authorization, doctors can't discuss your parent's condition with you, pharmacies can't answer questions about their medications, and you may be shut out of important healthcare decisions.

This guide explains everything you need to know about HIPAA authorization: what it is, how it differs from healthcare power of attorney, how to obtain it, and how to use it effectively. Getting this paperwork in place while your parent is healthy and competent can prevent countless frustrations down the road.

Understanding HIPAA and Protected Health Information

HIPAA is a federal law passed in 1996 that, among other things, establishes national standards for protecting sensitive patient health information. The Privacy Rule within HIPAA governs how healthcare providers, insurance companies, and other "covered entities" can use and disclose protected health information (PHI).

What is Protected Health Information (PHI)?

PHI includes any information that can identify a patient and relates to their health, healthcare, or payment for healthcare. This includes:

• • Medical records and health histories
• • Test results and lab work
• • Diagnoses and treatment plans
• • Prescription information
• • Mental health records
• • Billing and insurance information
• • Appointment schedules
• • Conversations between patients and providers
• • Even confirmation that someone is a patient

Who Must Follow HIPAA?

HIPAA applies to "covered entities," which include:

These entities face significant penalties for HIPAA violations, which is why they're often cautious—sometimes overly so—about sharing information without clear authorization.

Why HIPAA Authorization Matters for Caregivers

As a caregiver, you need access to your parent's health information to provide effective care. Without HIPAA authorization, you may encounter these frustrating situations:

The Caregiver's Dilemma

Many caregivers find themselves in an impossible position: responsible for managing their parent's healthcare but legally prohibited from accessing the information they need. Some providers work around this by having the patient present during conversations, but this isn't always practical or possible—especially if your parent has cognitive decline, is hospitalized, or you need to discuss sensitive matters.

HIPAA Authorization vs. Healthcare Power of Attorney

Many people confuse HIPAA authorization with healthcare power of attorney, but they serve different purposes and provide different authorities. Understanding the distinction helps ensure you have the right documents for your situation.

Why You Need Both

For comprehensive coverage, most caregivers need both documents:

• HIPAA authorization allows you to access records and communicate with providers even while your parent is competent and making their own decisions. You can accompany them to appointments, ask questions, and stay informed.
• Healthcare POA ensures you can step in and make decisions if your parent becomes unable to do so. Without it, decisions may fall to doctors or require court intervention.

What HIPAA Authorization Covers

A comprehensive HIPAA authorization should cover various types of information and situations. When completing the form, you can specify the scope of authorization.

Types of Information Covered

Authorized Activities

Beyond just viewing records, authorization typically allows you to:

• • Request copies of medical records
• • Discuss care with doctors, nurses, and other providers
• • Receive phone calls about appointments, test results, and care
• • Communicate with pharmacies about prescriptions
• • Access patient portals and online health records
• • Speak with insurance companies about claims and coverage
• • Receive discharge instructions and follow-up information

How to Get HIPAA Authorization

Obtaining HIPAA authorization is straightforward when your parent is willing and mentally competent to sign. Here's how to do it properly.

Step 1: Gather the Forms

You have several options for obtaining HIPAA authorization forms:

Step 2: Complete the Form

A valid HIPAA authorization must include these elements:

Step 3: Have Your Parent Sign

Critical requirements for signing:

• • Your parent must be mentally competent when signing
• • They must understand what they're authorizing
• • Signing must be voluntary (not coerced)
• • Some providers may require witnesses or notarization

Step 4: Distribute Copies

Provide copies of the signed authorization to:

• • Primary care physician
• • Specialists and other regular providers
• • Local hospitals (keep in their system)
• • Pharmacies
• • Health insurance company
• • Keep several copies for yourself (for emergencies or new providers)

Using Your HIPAA Authorization Effectively

Having authorization is only useful if you know how to use it. Here's how to make the most of your access.

At Doctor's Appointments

• Provide a copy upfront: Give the office a copy of your authorization to keep on file before the appointment
• Attend appointments: With authorization, you can be present during exams and discussions
• Ask questions: Doctors can answer your questions about diagnosis, treatment, and prognosis
• Request follow-up: Ask to be included in communications about test results and next steps

Accessing Medical Records

• Request records formally: Submit written requests along with your authorization
• Use patient portals: Many providers can add you as an authorized representative on their patient portal
• Expect some wait time: Providers have up to 30 days to respond to record requests (sometimes 60 days)
• Know your rights: You're generally entitled to copies, though providers may charge reasonable copying fees

In Emergency Situations

Dealing with Resistance

Sometimes providers are overly cautious. If you encounter problems:

• • Stay calm and polite—staff are trying to protect your parent
• • Show your authorization and explain you're the authorized caregiver
• • Ask for a supervisor or patient advocate
• • Offer to have your parent confirm authorization verbally or in writing
• • If problems persist, consider having your parent complete that provider's specific form

Special Situations and Exceptions

Some circumstances require special consideration or create exceptions to normal HIPAA rules.

When Your Parent Has Dementia

Cognitive decline creates unique challenges:

Emergency Exceptions

HIPAA allows information sharing without authorization in certain emergencies:

• • When necessary to prevent serious and imminent threat to health or safety
• • When the patient is incapacitated and can't consent
• • When sharing is in the patient's best interest (professional judgment)
• • For treatment purposes in emergency situations

However, don't rely on emergency exceptions—having proper authorization prevents delays and confusion when every minute counts.

Verbal Authorization

HIPAA does allow verbal authorization in some circumstances. If your parent is present and lucid, they can verbally authorize providers to share information with you. However, verbal authorization has limitations:

• • Many providers prefer written authorization
• • Verbal consent doesn't create a lasting record
• • Must be given each time with new providers
• • Won't help if your parent is unconscious or confused

Multiple Caregivers

If multiple family members are involved in caregiving, your parent can authorize more than one person. Each person should be specifically named on the authorization. Consider whether everyone needs full access or if some should have limited authorization.

Maintaining and Updating Authorization

HIPAA authorization isn't a one-time task. Keep these maintenance practices in mind.

Expiration and Renewal

• Check expiration dates: Some authorizations expire after a set period (often 1-2 years)
• Renew proactively: Don't wait until authorization expires to renew
• Consider "until revoked": Authorizations without expiration dates remain valid until the patient revokes them

New Providers

When your parent sees new healthcare providers:

• • Provide a copy of the authorization at the first visit
• • Ask if they need their own form completed
• • Request to be added to their patient portal
• • Confirm they have your contact information for follow-up

Keeping Records Organized

Revocation

Your parent has the right to revoke authorization at any time while competent. Revocation should be in writing and provided to all entities that received the original authorization. Revocation doesn't affect information already shared under the authorization.

Frequently Asked Questions