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When can a GP share information with family?

Kirsten Peremore Sep 17, 2024 3:08:25 AM

HIPAA Compliance

When can a GP share information with family?

A General Practitioner (GP) can share information between family members with their permission, during care coordination, or in emergencies.

HIPAA and the parameters for sharing information

The Department of Health and Human Services says, “If [the patient doesn’t] object, a health care provider or health plan may share relevant information with family members or friends involved in your health care or payment for your health care in certain circumstances.” Each family member's health information is protected under HIPAA, which means a GP must consider each person’s privacy rights independently. For instance, a GP can share health details about one family member with another only if there's explicit consent or if it's necessary for treatment and the patient hasn’t objected.

When dealing with children, the handling of protected health information (PHI) can differ from that of adults. Generally, parents or guardians have the right to access their children’s health information. However, there are exceptions. For instance, if a state law grants a minor the right to consent to certain medical treatments (like mental health or reproductive services), the minor may have the exclusive right to control who sees that information. If a parent or guardian is deemed a threat to the child, or if there’s a situation involving abuse, however, a GP might legally withhold the child’s health information to protect the child's safety.

When can a GP share protected health information (PHI)?

When the patient has given explicit consent.
For treatment purposes, such as consulting with specialists or coordinating care.
For payment activities, like billing insurance.
For healthcare operations, including quality assessments and audits.
If the patient is present and does not object when the GP shares the information with family members or others involved in the care.
If the patient is not present or incapacitated, and the GP determines that sharing the information is in the best interest of the patient.
In emergencies, when immediate medical attention is necessary.
When required by law, such as for reporting certain injuries or conditions to public health authorities.
For public health activities, including preventing disease outbreaks.
To avert a serious and imminent threat to health or safety, in line with professional ethical standards.

How to share PHI with loved ones under the same GP

GPs must first obtain explicit consent from each family member before sharing their health information with other family members.
Each family member's privacy must be respected. For example, a GP should not disclose information about one family member's condition to another without explicit permission, even if those family members are closely related.
When using email to communicate patient information between family members, GPs must ensure it is a HIPAA compliant email system.
GPs can share patient information among family members if it is directly relevant to the treatment or care coordination of the family as a whole. For instance, if managing a contagious illness within a family, the GP might share information about the illness, treatment options, and preventive measures with all affected family members.
In emergencies where a patient cannot give consent due to their condition, a GP may share information with family members if it is in the patient’s best interest.
For children and minors, GPs generally share health information with parents or guardians unless there are specific circumstances, like those involving abuse or when minors are legally allowed to consent to their own treatment (such as mental health services).

FAQs

What is PHI?

Protected health information refers to any health information that can identify an individual and is used or disclosed during medical care.

What is an example of state law that allows minors to make decisions about their own PHI?

Many states have laws that allow minors to consent to their own healthcare related to sexual health, mental health, and substance abuse without parental involvement.