By Hints From Heloise
Tuesday, June 24, 2008

Dear Heloise:

The U.S. Department of Health and Human Services would like to share the following response from our director of the HHS Office for Civil Rights in response to a letter in your column. The reader incorrectly implied that "HIPAA access forms" would be needed to help family members, personal reps, etc., gain access to certain protected health information:

Dear Heloise:

Jan from Arkansas recounted the distressing story of a hospital refusing to give her information about her husband's condition after he was admitted to the emergency room. The hospital claimed that the HIPAA required the information be withheld. As director of the Office for Civil Rights, which enforces the HIPAA [Health Insurance Portability and Accountability Act] Privacy Rule, I want to set the record straight and say that the hospital was not correct. The privacy rule, which is a federal regulation under HIPAA that governs the protection of individually identifiable health information, specifically allows hospitals and other health-care providers to share a patient's health information with a spouse, other relative or friend involved in the patient's care if the patient agrees to the disclosure. If the patient is incapacitated, a hospital or doctor can share information if they believe it is in the patient's best interest.

In situations like Jan's, where her frightened husband clearly wanted her help, the Privacy Rule absolutely permits the hospital to explain his condition to a spouse. HIPAA, however, does not require hospitals to disclose patient information in these situations. So, if you are told by staff that HIPAA prevents them from sharing relevant information, you may want to talk to a supervisor.

If they are able to do so, patients should clearly identify to the hospital whom they want information to be shared with -- their spouse, a friend, etc. There are no special forms for this; HIPAA does not require this to be in writing.

Also, HIPAA permits hospitals to inform a caller whether the individual is a patient and, if so, the patient's general health condition and location in the facility.

I wish Jan and her husband the best and hope that all your readers will learn more about their rights under HIPAA by visiting our Web site,http://www.hhs.gov/ocr/hipaa.

Winston Wilkinson, Director Office for Civil Rights Department of Health and Human Services Washington

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2008King Features Syndicate