Disclosing information to family members
Compliance Monitor, January 20, 2006
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Q: Should we obtain authorization prior to disclosing a patient's location to family members?
If the patient is present and has the capacity to make healthcare decisions, the covered entity may disclose protected health information to notify family members of the patient's location, general condition, or death, if it
- obtains the individual's oral or written agreement
- provides the individual with the opportunity to object to the disclosure, and the individual does not express an objection
- reasonably infers that the individual does not object to the disclosure
For more information see Section 164.510(b) Uses and Disclosures for Involvement in the Individual's Care and Notification Purposes of the Bricker & Eckler Web site.
Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.
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