How should we handle callers who claim to be family members of a patient?
HIPAA Weekly Advisor, January 29, 2007
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You should provide the patient with the opportunity to opt out of the hospital directory. In an emergency, when an individual is unable to exercise his or her right to object to the listing, you can choose to list patient admission information in the facility directory. Being listed in the directory means that you can release the fact that an individual has been admitted.
You do not have an obligation to authenticate callers family members when releasing information from the facility directory. You do, however, have an obligation to authenticate callers before releasing any information about the patient's condition or other health-related information. Policies and procedures should document the appropriate and adopted methods of authentication. You may also elect not to release any health information over the phone to callers claiming to be family.
Also, if the patient is able to object, you can adopt a policy that would allow the patient an opportunity to object to the release. The patient's opportunity to object does not have to be in writing.
Editor's note: Chris Apgar, president of Portland, OR-based Apgar & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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