Providers Can Share Protected Health Information In Treating Patients' Family Members, OCR Says

Main Category: Primary Care / General Practice
Also Included In: Public Health
Article Date: 16 Jan 2009 - 3:00 PDT

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The Health Insurance Portability and Accountability Act "permits but does not require" a health care provider to disclose a patient's protected health information to another physician treating a family member of the patient, according to a statement from the Office for Civil Rights, BNA reports. OCR on Tuesday posted the explanation on its Web site in a document providing answers to a series of frequently asked questions.

According to OCR, such disclosure is permitted "without the individual's written authorization or other agreement with the exception of disclosures of psychotherapy notes." The agency noted that sharing health records could provide information about possible adverse reactions to anesthesia or drugs for a physician providing care to an individual's family member, or "for certain purposes to benefit the public, for example, circumstances that involve public health research or health oversight activities." The agency also said that physicians are permitted to decline to share a patient's protected health information. In addition, "individuals have the right to request additional restrictions on the use or disclosure of protected health information," according to OCR. If a physician agrees to the requested restriction, then the provider is forbidden to disclose the information, except in emergency treatment situations. According to OCR, physicians are not required to agree to requested restrictions.

Collection of Information

In response to another question, OCR said that HIPAA does not prevent individuals from collecting health information about family members or from deciding to share this information. In a press release accompanying the frequently asked questions, OCR noted that a new Web-based tool, called "My Family Health Portrait" -- launched Tuesday by U.S. Surgeon General Steven Galson -- does not violate HIPAA. The tool allows users to electronically record, save and e-mail family medical information in the format of electronic health records (BNA, 1/14).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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