special subjects
Confidentiality and HIPAA
Confidential communications
Health care professionals should take reasonable steps to ensure that their communications with the patient are confidential and in accord with patient preferences. For example, clinician-patient medical discussions generally should be in private, or a patient might prefer that the clinician call their office rather than home. Nonetheless, unless the patient objects, clinicians can share PHI with a patient’s immediate family members or someone known to be a close personal friend if the information relates to that person’s involvement with the patient’s care or payment for care and the information is limited to what is necessary to that person’s involvement. Clinicians are expected to exercise professional judgment. An Access to medical records of the patient should be treated the same as the patient with respect to access to information and participation in decision-making. Thus, the representative has the same access to information and may exercise the same rights regarding confidentiality of information. Nevertheless, health care professionals may restrict information or access if there are reasonable concerns about domestic violence, abuse, or neglect by the representative. Some communication cannot remain confidential. Health care professionals are sometimes required by state or local law to disclose certain information, usually because the condition may present a danger to other people. HIPAA permits disclosure of PHI to public health authorities that are legally authorized to receive such information for the purpose of preventing or controlling disease, injury, or disability ( Reference ). (See also 