Q&A: Disclosing PHI of incapacitated patient

Q: If a patient has overdosed and is incapacitated, is the doctor or nurse allowed to call the patient’s family or friends to let them know?

A: If the patient is unconscious or unable to make decisions, you may notify close family members if you believe it is in the patient’s best interests to do so.

Information should only be disclosed to friends if they inquire about the patient by name. Then, follow the “facility directory” rules and disclose only minimal information (name, location in the facility, and condition in general terms).

Editor's note: Mary D. Brandt, MBA, RHIA, CHE, CHPS is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. She is also an advisory board member for BOH. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions.