Mental health professionals can offer group therapy with family present generally without patient consent.
Does HIPAA permit family presence during therapy sessions?
The Privacy Rule allows covered entities to share PHI with family members or others involved in patient care if the patient is present during this disclosure. Disclosures of any protected health information (PHI) in these environments are considered treatment disclosures.
According to the HHS, these disclosures can “be made without an individual’s authorization,” because agreeing to participate in group therapy or family discussions functionally allows consent to involve family. It should however be noted that for ethical reasons mental health providers should take measures to ensure the patient is comfortable.
How to ensure compliance when allowing family to be present during therapy sessions
Obtain patient consent
- Communicate at the beginning of therapy that there is the potential for family involvement.
- Place a clause within the consent forms relating to potential family involvement in therapy sessions that is well highlighted.
- Document patient consent thoroughly.
Create a private environment.
- Hold sessions in a secure location to protect patient privacy.
- Discuss privacy and expectations, such as not discussing other patient's stories outside group sessions.
Educate family
- Remind family members about the need for confidentiality.
- Stress that information shared during therapy should remain private.
Use HIPAA compliant email
- Use a secure HIPAA compliant email service for all communications involving PHI.
- Send appointment reminders, session notes, or educational material that is useful during sessions.
Respect patient comfort
- Check-in with patients during sessions to ensure they are comfortable with family involvement.
- If the patient withdraws consent and is uncomfortable, even if family involvement is allowed by HIPAA, immediately cease sharing information.
Related: Top 12 HIPAA compliant email services
FAQs
What is the Privacy Rule?
A federal regulation that sets standards for protecting individuals' medical records.
When is consent necessary?
When a healthcare provider wants to disclose protected health information (PHI) for purposes beyond treatment, payment, or operations.
Why is consent not a requirement during treatment, payment, or operations?
Because these activities are necessary to provide care and are considered a routine part of healthcare practices.
Kirsten Peremore
