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Sharing Information with Patients’ Friends and Families – A Common Sense Guide Under HIPAA

By Adrienne Hersh, JD, ICS Legal Counsel · January 6, 201713 min read
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The increased regulation of health care information has been both a benefit and a burden, many would argue. Certainly, no one would dispute the importance of protecting personal health care information. On the other hand, some practitioners find the rules so technical and confusing that they err on the side of refusing all disclosures, even when the rules permit.

In clinical practice, physicians may be particularly uncertain about their ability to share a patient’s health information with the patient’s family members, friends, or other involved persons identified by the patient under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Fortunately, this is one area of privacy regulation in which common sense and logic will usually lead to a solution that is both practical and compliant.

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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