Do I Need a HIPAA Release If I Already Have a Health Care Surrogate?
Two Different Jobs
A designation of health care surrogate and a HIPAA release sound similar, but they do different jobs. The surrogate document names someone to make health care decisions for you if you cannot make them yourself. A HIPAA release lets a named person see your medical records and talk to your doctors — it does not, by itself, give that person authority to decide anything.
Why Having a Surrogate Might Not Be Enough
Some health care surrogate forms include HIPAA authorization language inside them. Some do not. If your surrogate document does not include that language, your surrogate may struggle to get information from a hospital or doctor's office even though they are legally allowed to make decisions once the surrogate role is activated.
- A HIPAA release can let someone see records before a surrogate's decision-making authority is triggered.
- A HIPAA release can also cover people who are not your surrogate — for example, a spouse or adult child you want kept informed, even if they are not the one making decisions.
What This Guide's Material Covers
This guide's material lists five Florida documents that often work together: durable power of attorney, designation of health care surrogate, living will, HIPAA release, and pre-need guardian designation. Each has its own purpose and its own signing requirements under Florida law. The material does not give exact statute numbers or exact witness/notary rules here — confirm those details with a professional or with the Florida Bar forms before you sign anything.
What to Decide Before You See a Lawyer
- Who do you want to make medical decisions if you cannot?
- Who do you want to be able to see your records or talk to your doctors, even if that is a different person or a wider group than your decision-maker?
- Do you want a separate HIPAA release, or a combined form that includes HIPAA language inside your surrogate designation?
- Have you checked that your document reflects Florida's signing rules for the specific form you are using?
What to Do Next
This is general information, not legal advice. Every family situation is different, and Florida's exact signing and witnessing rules matter. The free tool at POA Prep reads your own situation or your own draft document and gives you a plain-English map of which Florida documents apply to you — including whether your surrogate form already has HIPAA language built in. Confirm anything important with a Florida attorney or the relevant agency before you sign.