Understanding Hipaa Release: What It Is And Why It Matters

HIPAA, or the Health Insurance Portability and Accountability Act of 1996, is a federal law that protects the privacy and security of individuals’ medical information. 

It limits how health care providers, insurers, and related entities can share or disclose your health data without your permission.

In short, HIPAA ensures that your medical records stay confidential while still allowing necessary information sharing for treatment, billing, and health care operations.

In a recent interview, Harry Margolis, author of "Get Your Ducks in a Row," explained why this simple document can prevent medical mix-ups, protect family access, and simplify care decisions.

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Here's what to know about HIPAA releases

Below is a transcript of the interview with Margolis, edited for clarity and brevity.

Robert Powell: At some point, you may have heard the term HIPAA or HIPAA release. Here to talk with me about what a HIPAA release is – and why you might need one – is Harry Margolis, author of "Get Your Ducks in a Row." Harry, welcome.

Harry Margolis: Good to see you again, Bob.

Robert Powell: Likewise. Many people have heard the term HIPAA, but not everyone knows what it actually does or why it matters. Can you explain?

Harry Margolis: Sure. HIPAA is the law that governs medical privacy. It means medical providers can’t share your health information with anyone unless you give permission. A HIPAA release form gives them that permission.

Hospitals and doctors’ offices often have their own HIPAA release forms and may ask you to sign one to share information with other medical professionals. We generally recommend that our clients execute a HIPAA release to allow family members or trusted advisors to access their medical records if necessary.

It may seem redundant because we also recommend that clients sign a health care proxy or health care power of attorney – depending on the state – to appoint an agent who can make health care decisions if they become incapacitated.

That agent doesn’t need a separate HIPAA release because they’re already authorized under state law to access medical records.

So why have both? It comes down to a few important reasons.

Why a HIPAA release is still necessary

Harry Margolis: First, most states – and best practice – recommend naming only one agent on your health care proxy or power of attorney. Having multiple decision-makers can create confusion. But that doesn’t mean you want only one person to communicate with medical providers.

For example, a client might name a spouse or one child as the health care agent but list their spouse and all children on the HIPAA release. That allows a broader group to speak with medical professionals, even if only one person is the ultimate decision-maker. This can be crucial, since family members may have different pieces of information or may be available at different times.

Another reason involves how medical professionals interpret HIPAA. In the past, some providers refused to speak with family members because they misunderstood the law. HIPAA prohibits sharing patient information without authorization, but it doesn’t prohibit providers from listening.

A daughter, for instance, might tell doctors, “My mother was playing tennis yesterday; this is not normal for her,” and share medication details. Providers can legally listen to that information, but some used to shut down communication, citing HIPAA. Having a signed HIPAA release prevents that confusion.

Fortunately, I hear fewer of these problems today. But since HIPAA rules can still be misinterpreted, it’s best to have the release on file to avoid obstacles.

Additional benefits of HIPAA releases

Harry Margolis: A HIPAA release can also help before a health care proxy takes effect. Typically, a doctor must certify that a person is incapacitated before the proxy becomes active. During that interim, no agent technically has authority – but individuals listed on the HIPAA release can still communicate with medical providers.

Depending on state law, a HIPAA release may even survive death. That can allow family members or executors to access medical records without having to open a court proceeding.

Robert Powell: That’s a great point. From a practical perspective, it does seem like fewer doctors are rigid about this now, but it’s still better to have the release than not. Would you agree?

Harry Margolis: Absolutely. Think of it as insurance. Most doctors today are less formal about it, but having the document avoids potential problems.

Robert Powell: So when we talk about essential health care documents – like a health care proxy, living will, advance directive, or MOLST/POLST form – a HIPAA release belongs in that same suite, right?

Harry Margolis: Yes. In terms of hierarchy, I’d start with a health care proxy or power of attorney for health care, and the HIPAA release would be next.

Robert Powell: That covers the essentials. Anything we missed?

Harry Margolis: I think that’s it.

Key takeaways on HIPAA:

• A HIPAA release authorizes medical providers to share your health information with named individuals.
• Even with a health care proxy, a HIPAA release ensures family members can communicate with providers.
• It prevents confusion or misinterpretation of privacy rules during emergencies.
• In some states, the release may remain valid after death to help access records.
• Think of it as low-cost insurance to avoid unnecessary obstacles during a health crisis.