Q&A: Disclosures to personal representatives

Q: If a person has a history of substance abuse, but at the time of admission appears to be of sound mind, is that patient’s personal representative still entitled to receive information about the patient’s treatment and status?

A: Yes, as it relates to HIPAA-covered disclosures. Generally, personal representatives have a power of attorney to act on the individual’s behalf when it comes to healthcare. That would include disclosure of substance abuse information.

The caveat is that is not a good idea to volunteer that information unless it directly pertains to the care being provided. Keep the disclosure to what you would share with friends and family using sound professional judgment. If the personal representative asks for it, unless you suspect abuse, you are required pursuant to HIPAA to disclose it.

Editor’s note: Chris Apgar is president of Apgar & Associates, LLC, in Portland, Oregon. He is also a BOH editorial advisory board member. 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.