Scenario:
A provider has a patient who cannot come into the office and cannot access email without assistance from a family member. They do not have an ROI for said family member on file. In order to get an ROI to the patient, they would need to be able to send an encrypted email to the patient, but the patient has verbally confirmed her email is being used by another family member.
Question:
What is a HIPAA-compliant way to help the patient access the ROI remotely?
Answer:
The HIPAA Privacy Rule permits you to discuss the patient's care with a family member. In this case, you'd be able to email her the ROI, and it is okay for the family member to assist her in signing and returning it to you.
The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient in the patient’s care or payment for health care.
Suppose the patient is present or is otherwise available before the disclosure and can make health care decisions. In that case, the covered entity may discuss this information with the family and these other persons if the patient agrees or, when given the opportunity, does not object. The covered entity may also share relevant information with the family and these other persons if it can reasonably infer, based on professional judgment, that the patient does not object.
Even when the patient is not present, or it is impracticable because of emergency circumstances or the patient’s incapacity for the covered entity to ask the patient about discussing her care or payment with a family member or other person, a covered entity may share this information with the person when, in exercising professional judgment, it determines that doing so would be in the best interest of the patient.
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