I have used all my patients on my kids4/11/2023 ![]() If your patient has told you it’s ok, that’s enough. May I tell him?Īnswer: This is similar to the question above. Question: I’m caring for an elderly patient and her son has called me to ask about her medications. You should document that you obtained her permission, and keep it with her records. You do not need her written authorization but may call and get her verbal agreement. Her mom who lives out of state has called me but I do not have anything signed giving her permission to have this information.Īnswer: You may talk to the mom if she is involved in your patient’s care, as long as you give your patient, the daughter, the opportunity to agree or object first. Question: I have a 19-year-old patient and her mom would like to talk with me about her daughter’s headaches and migraines. Later you should document this in the patient’s record. Be sure to follow the “minimum necessary” rule – only discuss information relevant to that person’s involvement with the patient’s care. Question: I’m treating a patient who is unconscious and unable to tell me – may I talk with her family?Īnswer: If the patient is unable to tell you, use your experience and professional judgment to decide if it’s in the patient’s best interest to talk with them. Best practices require you to document that agreement in their patient record afterward. You do NOT need to get written permission. May I continue our conversation?Īnswer: If you are unsure whether the patient has named someone in advance – it could be a family member or a friend, ask the patient. Question: I’m talking with a patient and his wife walks in. Many situations are not as obvious, and in the rush of patient care, what should you do? Common Dilemmas for HIPAA and Communicating with Loved Ones This is called an ‘Authorization.’ If they have not named the person, the HIPAA Privacy Rule requires that the patient have “the opportunity to agree or object” to sharing information. The easy one is when a patient has named a person in advance on their ‘consent to treatment’ form (or intake, or other initial paperwork). Sometimes it’s easy to know what the patient wants, but not always. The guiding rule about sharing protected health information (PHI) is that it’s the patient’s decision. How do clinicians keep loved ones informed while respecting HIPAA guidelines?Īlthough HIPAA is all about privacy, how practical is that when family is there, or on the phone? Can you say anything at all? How much can you say? What about emergency situations? What about minors? ![]()
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