What HIPAA lets doctors share with family caregivers
· 5 min read · Vita Health Coach
The short answer
HIPAA allows doctors to share information with family members involved in a patient’s care, as long as the patient agrees or does not object. If the patient cannot decide, doctors may share what they judge is in the patient’s best interest. A personal representative, such as a health care agent or guardian, can usually act for the patient, and a signed authorization form can give a family member wider access.
The short version of the rule
HIPAA, the federal health privacy law, is often blamed for doctors refusing to talk to family. In fact, it gives doctors room to share. A doctor, nurse or hospital may share information that is relevant to your involvement in your parent’s care, or to paying for that care.
The key word is may. HIPAA allows this sharing, but it does not require it. Some offices are more cautious than the law demands. Knowing what the rule says helps you ask in the right way.
HIPAA applies to doctors, hospitals, health plans and the companies that work for them. It does not apply to family members, so you are free to share what you know with the care team.
When doctors may share with you
If your parent is present and can make their own decisions, the doctor can share information with you if your parent agrees, or if your parent is given a chance to object and does not. The doctor can also use reasonable judgment, for example when your parent brings you into the exam room.
The simplest step is for your parent to say it out loud: my son, or my daughter, can hear everything. Many offices will also note this in the chart, or ask your parent to sign a short form so staff can talk with you by phone later.
If your parent is not present, or cannot agree because they are unconscious, very confused or in an emergency, the doctor may share information with you if, in their professional judgment, it is in your parent’s best interest. This usually covers what you need to know to help with care, such as how your parent is doing or what to watch for at home.
HHS guidance says a doctor may, for example, talk with a family member about a parent’s condition, or let a family member pick up prescriptions. The doctor shares only what relates to your role in your parent’s care.
Personal representatives
A personal representative is a person who has legal authority to make health care decisions for the patient. Under HIPAA, the provider must generally treat a personal representative like the patient for the health information that relates to that authority. That includes the right to get copies of records.
For an adult parent, a personal representative is usually an agent named in a health care power of attorney, or a guardian appointed by a court. State law decides who has this authority and when. A health care power of attorney often takes effect only when a doctor finds that the patient cannot make decisions. After a death, the executor or administrator of the estate is usually the personal representative.
A provider may decline to treat someone as a personal representative if it reasonably believes that doing so could put the patient in danger, for example in cases of abuse or neglect.
Authorization forms
A HIPAA authorization is a signed form in which your parent allows a provider to share specific information with a specific person. It can give you wider access than the family-involvement rule, and it puts your parent’s wishes on paper. Most hospitals have their own form.
An authorization is different from proxy access. Proxy access is a login to the patient portal; an authorization lets the office release records to you or talk with you. Many families set up both.
- It names what information may be shared.
- It names who may receive it.
- It states the purpose, which can simply be at the request of the patient.
- It has an end date or an event when it ends.
- It is signed and dated by your parent or a personal representative.
- Your parent can take it back in writing at any time.
What to ask the doctor’s office
A few clear questions save a lot of frustration. Ask them at the next visit, while your parent is there to answer. Ask for copies of anything your parent signs, and keep them with your parent’s other papers.
Write down the answers, with the name of the person you spoke with and the date. Office rules change, and a note helps if staff change too.
- What do you need from my parent so you can talk with me by phone?
- Do you have your own authorization form, and can we sign it today?
- Can my parent set up proxy access for me in the patient portal?
- If my parent cannot decide in the future, what papers will you need from me?
- Who should I call with questions about results?
What HIPAA does not stop
HIPAA never stops you from telling the doctor what you know. You can always call or write to share what you have seen at home, such as changes in memory, falls or missed doses. The doctor may not be able to reply in detail without permission, but they can listen.
HIPAA also does not stop your parent from sharing their own records with you. Your parent can download results from the portal, print them, or forward them to you at any time.
Some records have stricter rules, such as certain substance use treatment records and psychotherapy notes. Some state laws also add protections. For anything urgent, call 911; emergency staff will act first and sort out paperwork later.
How Vita Health Coach helps
Once your parent gives you proxy access to a patient portal, Vita Health Coach, an iPhone and iPad app from VitaMedas, Inc., can bring those records into your parent’s own file. You sign in on the hospital’s own page, and Vita never sees the portal password. You can ask about any result by voice or text and get a plain answer first, and share a record with a doctor through a code-protected link you can switch off.
Questions people ask
- Can a doctor talk to me about my parent without written permission?
- Yes, in many cases. HIPAA allows a doctor to share relevant information with a family member involved in care if the patient agrees or does not object, or if the patient cannot decide and the doctor judges it is in their best interest.
- Does HIPAA require the doctor to tell me?
- No. HIPAA allows the sharing but does not require it. A signed authorization or proxy access makes things clearer for the care team and the family.
- Who counts as a personal representative?
- Usually someone with legal authority to make health care decisions, such as a health care agent under a power of attorney or a court-appointed guardian. State law decides the details.
- Can my parent cancel an authorization?
- Yes. A patient can revoke a HIPAA authorization in writing at any time, though it does not undo sharing that already happened.
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Sources
Vita Health Coach is an iPhone app that keeps a parent’s hospital results in their own file and explains each new one in plain words. Free to try; paid plans in the App Store.
Vita Health Coach on the App StoreGeneral health information, not medical advice. Vita Health Coach explains; it never diagnoses. In an emergency, call 911 or your local emergency number. Read the medical disclaimer.