- When a patient is present and has the capacity to make health care decisions, a health care provider may discuss the patient’s protected health information with a family member, friend, or other person if the patient agrees or, when given the opportunity does not object. This communication may take place in the following forms:
- Face-to-face
- Over the phone
- In writing
- The health care provider may share or discuss only the information that the person involved needs to know about the patient’s care or payment for care
- If the patient is not present or is incapacitated, a health care provider may share the patient’s information as long as the health care provider determines that it is in the best interest of the patient. This communication may take place in the following forms
- Face-to-face
- Over the phone
- In writing
- Documentation of the patient’s agreement or lack of objection is not required
- Proof of identity is not required if a patient’s family, friends, or others involved in the patient’s care or payment calls the health care provider or entity.
FAQs
Q: May I share a patient’s PHI with the patient’s girlfriend/boyfriend?
A: Always seek permission first from the patient, either verbal or written. Only those who have medical power of attorney, custody of the patient, are their caregiver, or providing payment may receive communications of PHI.
Q: How much PHI may be shared, with friends, family, and others involved in the patient’s care if they meet the exceptions described?
A: Minimum necessary to accomplish the intended purpose.