Why Everyone Needs a HIPAA Release — Even If You Already Have a Health Care Proxy

HIPAA Release Form: Why Every Adult Needs One for Medical Privacy and Access

When it comes to medical privacy, few documents are as misunderstood—or as essential—as the HIPAA release form. While most Americans recognize the term HIPAA, many do not realize that without a signed release, healthcare providers are legally restricted from sharing medical information with family members or trusted advisors.

In an interview with financial journalist Robert Powell, estate planning attorney Harry Margolis, author of Get Your Ducks in a Row, explained why every adult should have a HIPAA release form in place.

“HIPAA is the law around medical privacy,” Margolis said. “It means medical providers can’t share your information unless you give permission. A HIPAA release form gives them that permission.”

Why You Need a HIPAA Release Form

Many hospitals and doctors’ offices ask patients to sign limited HIPAA authorizations to share records internally. However, Margolis recommends a stand-alone HIPAA release form that authorizes family members or trusted individuals to communicate directly with healthcare providers when it matters most.

Even if you already have a healthcare proxy or power of attorney, a HIPAA release form remains critical. While the named healthcare agent can access records and make decisions, other family members—such as spouses or adult children—cannot unless they are explicitly listed.

“Our clients may name one person as their healthcare agent,” Margolis explained, “but they often include all their children on the HIPAA release form so everyone can communicate with doctors. That flexibility can be extremely important.”

Avoiding Medical Communication Breakdowns

Historically, misunderstandings about HIPAA caused some providers to refuse speaking with family members—even in emergencies.

“HIPAA prevents providers from divulging information,” Margolis said, “but it does not stop them from receiving information. Family members often have crucial context about a patient’s condition. A HIPAA release form removes any doubt.”

Although fewer providers misinterpret the law today, having a signed HIPAA release form ensures smooth communication when time and clarity matter most.

Additional Benefits of a HIPAA Release Form

A HIPAA release form can be especially valuable before a healthcare proxy becomes active. In many cases, a physician must formally certify incapacity before the proxy takes effect. During that gap, the HIPAA release allows authorized individuals to communicate freely with providers.

In some states, the HIPAA release form may even remain valid after death, allowing family members to access medical records without needing a court order.

A Low-Cost Form of Legal “Insurance”

While some doctors may speak with next of kin informally, Margolis describes the HIPAA release form as a simple safeguard.

“It’s insurance,” he said. “Doctors may be more flexible today, but having the HIPAA release form prevents unnecessary problems.”

Ultimately, a HIPAA release form belongs alongside other essential healthcare documents, including a healthcare proxy, living will, and advance directive.

Key Takeaways

A HIPAA release form authorizes healthcare providers to share medical information with named individuals

It ensures family members can communicate with providers—even if they are not the healthcare agent

It prevents confusion and delays during medical emergencies

In some states, it may remain effective after death to help families access records

Think of it as low-cost insurance against avoidable obstacles in a health crisis