Q&A: PHI disclosures to ex-husbands and ex-wives

Q: If a patient is incapacitated, the Privacy Rule allows for a doctor to discuss the patient’s condition with a family member, according to HHS. What would the protocol be when the patient is divorced, but the ex-husband or ex-wife makes an inquiry about the patient’s status?

A: If the patient is divorced, the ex-husband or ex-wife would no longer be considered a family member. You could disclose basic directory information (such as confirming the patient’s presence in the facility and giving a condition in general terms), just as you would for anyone who inquires about the patient by name (assuming the patient has not opted out of the facility directory). Further disclosures would require the patient’s authorization.

Editor's note: Mary Brandt 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.