Maryland HIPAA Releases: Prevent Probate Delays Now

Last reviewed: 2025-10-31 · Jurisdiction: Maryland

Why HIPAA Releases Matter in Maryland

HIPAA is a federal privacy law that restricts disclosure of protected health information (PHI) by covered entities such as health care providers, health plans, and clearinghouses. Without a valid authorization, even well-intentioned family members can be denied access to records needed to confirm death, verify capacity, coordinate benefits, or settle final medical bills. In Maryland estates, a lack of access can slow your personal representative’s ability to identify claims, communicate with providers, and move the probate process forward. See 45 C.F.R. § 164.502.

How a HIPAA Release Works

A HIPAA authorization lets you name specific people and purposes for disclosure of your PHI. A covered entity may disclose PHI pursuant to a valid written authorization that includes the core elements and required statements in 45 C.F.R. § 164.508. In plain terms, the authorization should identify you, the authorized recipient(s), the information to be disclosed, the purpose, and an expiration date or event, and it must include your signature and date, plus required privacy statements (for example, your right to revoke in writing and notice of potential redisclosure).

You can tailor the scope (for example, limited to billing records) and include exclusions you prefer (such as psychotherapy notes). You may set a specific expiration or make the authorization effective until a stated event (e.g., “until revoked”). Revocations generally must be in writing to the provider, subject to any limitations noted in the authorization. See 45 C.F.R. § 164.508.

Coordination with Maryland Estate Planning Documents

In Maryland, HIPAA releases are often paired with: (1) Advance Directives (health care decisions and appointment of a health care agent), and (2) Financial Powers of Attorney. While an advance directive authorizes decision-making, some providers may still request a separate HIPAA authorization before discussing details. Including a standalone HIPAA release, alongside any privacy language embedded in your advance directive, helps ensure your agent, personal representative, and backup fiduciaries can obtain the information they need. Maryland’s Health Care Decisions Act recognizes advance directives and health care agents; see Md. Code, Health–General § 5-601 et seq.

You can also authorize disclosure to your nominated personal representative to facilitate post-death communications with providers and insurers. This added clarity can make interactions smoother, though some providers may still ask for court documentation.

Preventing Probate Delays

Timely access to medical and billing records can help your Maryland personal representative: verify date and cause of death as requested by insurers; reconcile outstanding medical invoices; respond to provider claim deadlines; and substantiate benefits or policy claims. When authorizations are missing or too narrow, providers may ask for additional confirmations, which can slow estate administration. A clear, current HIPAA release that includes post-death authority for your named personal representative may reduce back-and-forth and help keep the estate on track.

Post-Death Disclosures and Personal Representatives

HIPAA permits disclosures to a decedent’s personal representative (as defined by applicable state law, such as a court-appointed personal representative in Maryland). See 45 C.F.R. § 164.502(g). In practice, many providers will request the Letters of Administration and may still prefer a written authorization. Naming your intended personal representative in your HIPAA release for post-death purposes may help smooth communication before and after formal appointment, but it does not replace the need to provide court documents when requested.

Common Drafting Tips

• Name primary and alternate recipients (health care agent, financial agent, personal representative, trustee).
• Include both pre-death and post-death purposes (treatment, billing, insurance, estate administration).
• Specify categories of information (medical, billing, insurance claims, EOBs) and any exclusions you want (for example, psychotherapy notes).
• State effectiveness and expiration; consider language that survives incapacity and death unless revoked by you in writing.
• Provide copies to your agents and doctors and keep a digital and paper copy accessible.
• Re-execute if you change agents, providers, or contact information, or if a provider requests its own form.

Maryland Advance Directives and Surrogate Decision-Making

Maryland recognizes advance directives that appoint a health care agent and provide treatment instructions. If you do not have an agent available, Maryland’s surrogate decision-making framework may allow certain relatives to act, but access to detailed records can still be limited without an authorization. A separate HIPAA release complements your directive and can help avoid delays when multiple family members are involved. See Md. Code, Health–General § 5-601 et seq.

Practical Steps Now

• Execute or update your HIPAA release and related estate documents together.
• Ask providers if they require their own forms and complete them proactively.
• Carry an agent info card noting where documents are stored.

FAQs

Do I still need a HIPAA release if I have a Maryland advance directive?

Yes. An advance directive authorizes health care decision-making, but many providers will not share detailed records without a separate HIPAA authorization naming who may receive information.

Can my personal representative access records after I die?

Generally yes. HIPAA allows disclosures to a decedent’s personal representative under state law, and many providers will request Letters of Administration. A written authorization that names your intended personal representative can streamline communication.

Does a HIPAA authorization expire?

It must state an expiration date or event, or say it remains effective until revoked. You may revoke in writing to the provider, subject to any limitations in the authorization.

Are psychotherapy notes included?

Not by default. You must expressly authorize disclosure of psychotherapy notes, and many people choose to exclude them.

When to Seek Legal Help

If a provider declines to honor your authorization, or if you are administering an estate and encountering records-access roadblocks, counsel can help address provider requirements, supply court documentation, and, if needed, seek targeted orders. An attorney can also ensure your HIPAA release is integrated with your Maryland advance directive, financial power of attorney, and will or trust.

Ready to protect your plan? Contact our Maryland estate planning team to get started today.

Sources

• 45 C.F.R. § 164.502(g) (Uses and disclosures to personal representatives)
• 45 C.F.R. § 164.508 (Authorization requirements; revocation; required statements)
• Md. Code, Health–General § 5-601 et seq. (Maryland Health Care Decisions Act)

Disclaimer for Maryland Readers

This blog post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Consult a Maryland attorney for advice about your situation.