At the doctor or dentist, you have likely signed a HIPAA form “for your protection.” The federal Health Insurance Portability and Accountability Act restricts access to personal health information. This includes your medical conditions, test results, payment details, birth date, etc. This HIPAA protection helps ensure your personal information isn’t sold, leaked online, or even stolen.
On the downside, these restrictions might seem cumbersome when you’re caring for a loved one. The rules are such that healthcare providers have to be careful about sharing information, even with you or other family members. Here are some things to keep in mind:
- Your loved one can tell the doctor it’s okay to talk with you. Or they can sign a HIPAA “release” that names you as entitled to information.
- If you are a healthcare proxy and the power of attorney is activated, you have the right to your relative’s health information.
- Healthcare providers are allowed to disclose information to you if your family member lacks mental capacity to consent and/or if disclosure is “in the best interest of the patient.” However, providers are required to share only the “minimum necessary.”
- Similarly, information can be given in “emergency circumstances” or if your relative is not present to consent. But again, only if the provider deems that it is in the patient’s best interest.
- You are not required to keep your family member’s information private. You can provide information to healthcare providers without restriction. The doctor may not respond, but your input may be helpful for guiding care decisions.
To ensure access. Talk with your loved one. Ask them to sign a release form at the office or give the doctor verbal permission to talk with you. If you are their healthcare agent, give a copy of their advance directive to the doctor or hospital. That way, they know for sure that it is okay to share information with you.