Q&A: Disclosures to family and friends

Q: Under what circumstances can a CE disclose PHI to family and friends of the patient? Does the patient always need to verbally consent to the disclosure? For example, if a patient brings a friend or family member with him or her into the emergency room, should the doctor assume that the patient is OK with the friend or family member being privy to PHI?

A: If the patient is present and has the capacity to make healthcare decisions, a healthcare provider may discuss the patient’s health information with a family member, friend, or other person if the patient agrees or, when given the opportunity, does not object. A healthcare provider also may share information with these persons if, using professional judgment, he or she decides that the patient does not object. But the healthcare provider may share or discuss only the information that the person involved needs to know about the patient’s care or payment for care.

For example, an emergency room doctor may discuss a patient’s treatment in front of the patient’s friend if the patient asks that her friend come into the treatment room.

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. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to editor Kevin Duffy at kduffy@hcpro.com.