HIPAA Authorization in California: Why Your Family Cannot Wait

# HIPAA Authorization in California: Why Your Family Can't Wait

It's 2 in the morning. Your mother is in the emergency room. You call the hospital. And the doctor tells you: "I'm sorry, I can't give you information about the patient's status without authorization."

This is not fiction. It happens every day in California hospitals. And it happens because without a HIPAA Authorization, healthcare providers are legally prohibited from sharing medical information, even with family members.

What Is HIPAA?

HIPAA — Health Insurance Portability and Accountability Act — is the federal law that protects the privacy of patients' medical information. Under HIPAA, hospitals, doctors, and any healthcare provider cannot share medical information with anyone — including family — without written patient authorization.

The protection is important. But it creates a real problem when a family member is incapacitated and cannot give permission themselves.

Who Needs a HIPAA Authorization?

Adults 18 and older: Once your child turns 18, even you as a parent have no automatic right to their medical information. Many parents discover this when their college student has an emergency. Married couples: Contrary to what most people believe, marriage does not automatically give spouses the right to receive medical information. Without authorization, the hospital can and does refuse. Elderly parents: If your parents are aging, a HIPAA Authorization allows you to speak with their doctors, coordinate care, and receive information in emergencies.

What a HIPAA Authorization Allows

With a properly signed HIPAA Authorization, the designated person can:

• •Receive medical information from doctors and hospitals
• •Speak with healthcare providers about diagnosis and treatment
• •Review medical records
• •Coordinate care and make appointments
• •Receive information about prescriptions and medications

HIPAA Authorization vs. Power of Attorney for Healthcare

| | HIPAA Authorization | Healthcare POA |
|---|---|---|
| What it does | Share information | Make decisions |
| Who can use it | Anyone designated | Usually one agent |
| When it's used | Any time | When patient is incapacitated |
| What it requires | Patient signature | Notary + witnesses |

You need both documents. The HIPAA Authorization allows information to flow. The Healthcare POA allows decisions to be made when you can't make them yourself.

How to Get One

A HIPAA Authorization is a written document that must include:

• •Who the information can be shared with
• •What types of information
• •For what purpose
• •Expiration (can be indefinite or for a specific period)
• •Patient signature and date

👉 Prepare My HIPAA Authorization — Multi Servicios 360

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Multi Servicios 360 is a self-help legal document preparation service. We are not a law firm and do not provide legal advice. This information is educational.