The Health Insurance Portability and Accountability Act (HIPAA) rules state that if the patient is present and has the capacity to make health care decisions, a healthcare provider may discuss the patient’s health information with a family member, friend, or other person if the patient agrees or, when given the opportunity, does not object. 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.
Some examples:
An emergency room doctor may discuss a patient’s treatment in front of the patient's friend if the patient asks that her friend be in the treatment room.
A doctor’s office may discuss a patient’s bill with the patient’s adult daughter who is with the patient at the patient’s medical appointment and has questions about the charges.
A doctor may discuss the drugs a patient needs to take with the patient’s health aide who has accompanied the patient to a medical appointment.
A doctor may give information about a patient’s mobility limitations to the patient’s sister who is driving the patient home from the hospital.
A nurse may discuss a patient’s health status with the patient’s brother if she informs the patient she is going to do so and the patient does not object.
But
A nurse may not discuss a patient’s condition with the patient’s brother after the patient has stated she does not want her family to know about her condition.
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