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Introduction to sharing patient information with family over the phone
Effective communication in healthcare plays a very important role, and involving family members can be crucial for patient well-being as doing so promotes care coordination, ensures transparency in care, and facilitates emotional support from family members.
However, healthcare professionals must comply with HIPAA privacy regulations when sharing patient information with family members over the phone. In the United States, there are strict laws regarding the protection of the patient’s health information, and any violation of these laws can result in legal liabilities.
HIPAA Privacy Rule for Sharing patient information with Family over the Phone
The HIPAA Privacy Rule governs the sharing of patient information with family members over the phone and specifies who can access and receive the patient’s health information. Patients have the right to access their health information, verify its accuracy, and authorize individuals, including family members, to access that information.
Here are a few HIPAA guidelines healthcare professionals should adhere to while sharing patient information with family members over the phone —
#1: Verify identity
The provider or staff must verify the identity of the caller. There are multiple ways to do so:
- Ask for the caller’s full name, contact information, and relationship with the patient
- Ask for details related to the patient such as their date of birth, address, etc
- If the caller’s identity is uncertain, inform them that you will call back on the verified phone number
#2: Share limited information
Staff members or providers should only share necessary information with authorized individuals, based on a “need to know” basis. It is important to comply with the HIPAA Minimum Necessary Standard. Any additional information should be disclosed either in the presence of the patient or with their consent. Additionally, doctors should encourage in-clinic visits to share detailed information about the patient with their family members or caregivers.
#3: Obtain patient consent
In certain situations, obtaining the patient’s consent becomes essential when sharing patient information with family members over the phone. If the patient doesn’t wish to share their personal health information with specific individuals, the provider needs to respect and adhere to their wishes.
#4: Use secure communication channels
Make sure to use secure channels of communication such as a secure text messaging system that allows easy and private transmission of patient information. If you are sharing patient information with family over the phone, then ensure that nobody else overhears the conversation.
#5: Maintain a record
Whenever you share patient information with family members over the phone, it is important to maintain a record of the conversation to ensure compliance. This record should include details such as the caller’s name, their relationship to the patient, the date and time of the call, and the information shared. While there is some flexibility in implementing HIPAA standards in these situations, it is crucial to thoroughly review the comprehensive guidelines before sharing patient information with family members over the phone, taking into account the specific circumstances.
#6: Use general identifiers
Make sure to use general information instead of specific details while sharing information with family over the phone. Since any information is subject to interpretation, it is better to reveal as less information as possible. For example: Instead of saying that the patient’s LFT, KFT, and HB tests are out and available for collection, you can simply tell the family member that the patient’s test results are out and available for collection. Doing so will not only communicate the basic information to the family members but will also keep sensitive patient information secure.
#7: Ensure a safe and secure environment
While sharing patient information with family over the phone, it is important to ensure that the conversation is taking place in a secure environment wherein people cannot overhear sensitive information. It is your job to pick a quiet and private location to ensure that no information can be accessed by unauthorized individuals.
#8: Educate family members on patient confidentiality
Patient confidentiality is a very sensitive concept and needs to be taken seriously not only by the providers and healthcare staff but also by the patient’s family members. Make sure that you communicate this and explain the importance of patient privacy and confidentiality before sharing patient information with family over the phone. Also, ask the members to refrain from sharing the PHI with others.
#9: Encourage in-person meetings
In cases wherein there are a lot of discussions required regarding the patient’s health condition, avoid conversing over the phone. Instead, ask the family member to visit you personally. Doing so will allow you to share patient information properly and address the concerns of the member too.
#10: Maintain professionalism
While sharing patient information with family over the phone, display empathy, professionalism, and sensitivity. Do not use too much medical jargon; instead, use simple language while talking about the patient’s condition.
#11: Follow legal guidelines
It is important to follow legal and ethical guidelines when you share patient information with their family members. Be familiar with HIPAA laws, and any other laws applicable in your jurisdiction before you share sensitive PHI. Also, keep yourself upfront with any new updates or developments in the guidelines.
#12: Ensure proper comprehension
When you share information about the patient with their family members, make sure that they fully understand whatever you’re communicating. Encourage them to ask questions and seek clarification wherever required. Doing so will ensure that you and the family member are on the same page and will avoid any misunderstandings.
What is the HIPAA Minimum Necessary Rule?
According to the HIPAA Minimum Necessary Rule, all covered entities and business associates must take reasonable efforts to ensure that only the most necessary information about the patient is being disclosed. For example, a Physician might require the health history of the patient but would have nothing to do with their social security numbers. Access to such information can be restricted. However, there are certain exceptions wherein this rule doesn’t apply:
- Providers requesting PHI to provide treatment to a patient
- Requests made for PHI for legal purposes
- Patients wanting to access their medical information
- PHI requests when there is a valid authorization from the patient
As a healthcare provider or staff member, what information can you share with family members? Here’s a list:
- Appointment reminders and follow-ups
- Appointment confirmation texts
- Provision of medical treatment
- Lab test results notification
- Prescription notices
- Pre-operative instructions
- Post-discharge follow-up
- Hospital pre-registration instructions
- Home healthcare instructions
- Pre-appointment and post-appointment instructions
- Payment reminders and follow-ups
- Treatment updates
- Care plan discussion
- Updates regarding palliative care
HIPAA Telephone Rules for sharing patient information with Family over the Phone
While there is no specific set of guidelines for healthcare providers to follow concerning sharing patient information with family members, they do need to comply with the following:
- HIPAA Privacy Rule, which directs access and disclosure of PHI
- TCPA (Telephone Consumer Protection Act), regulates calls to protect consumers from intrusive communications
- TRACED Act, to curb illegal robocalls
Irrespective of the type of information that is shared, it is imperative to acquire the patient’s express consent. This is because:
- The patient might not want to disclose some specific information about their health to the family member
- The number provided in the form may be their work number, and it might not be possible to control who the information is shared with.
- If the condition is sensitive (For example substance abuse)
After the patient’s consent is given, there are certain rules that come into play –
- The calls should not be longer than 60 seconds
- The frequency of the calls is limited to three times per week
Scenarios where Sharing patient information with family over the phone is required
To ensure proper coordinated care and support for the patient, sharing patient information with family over the phone is necessary in certain scenarios. These include –
- Pediatric care: In the case of pediatric patients, the providers need to share information with the patient’s family over the phone to discuss test results, treatment plans, and medications. Doing so makes the parents/legal guardians aware of the child’s condition and helps them participate actively in child care.
- Mental health concerns: When patients are admitted to a psychiatric care facility due to severe mental health issues, it is evident that they are unable to care for themselves. Consequently, providers share patient information with family members over the phone to convey important details about the treatment process, patient history, and discharge planning.
- Medical emergencies: In the case of any medical emergencies, sharing patient information over the phone is necessary to communicate the treatment options, important procedures, and consent regarding the same.
- End-of-life care: When the patient is nearing the end of life, the providers share important information regarding comfort measures and palliative care with family members. This helps the family members offer the best possible care to the patient.
- Care coordination: When it comes to providing ongoing care, sharing patient information with family members over the phone is crucial to ensure appropriate and continuous care. This includes relaying information about the patient’s condition, follow-up instructions, treatment plans, and medications.
Apart from these, there are cases when the patient isn’t in the best condition to give their consent for sharing patient information with family over the phone. This is when providers share information with family members to make decisions on the patient’s behalf.
Sharing patient information with family over the phone: Call vs Text
Are you confused about whether you should be sharing patient information with family over the phone via a call or text? Here are some key differences that will help you make an informed choice.
Frequently Asked Questions
Are there any risks in sharing patient information with family over the phone?
Answer
Yes, there are risks associated with sharing patient information with family over the phone. These are:
- Risk of information breach
- Lack of privacy while sharing PHI
- Inadequate authorization from the patient
- Unauthorized access
What are the challenges of sharing patient information with family over the phone?
Answer
The challenges for sharing patient information are as follows:
- The information is subject to misinterpretation
- There can be language or cultural barriers
- Technical glitches such as poor signal and background noise
- The provider or staff can face difficulty in documenting the information
- Emotional challenges on the part of the family member
Can nurses share PHI?
Answer
Yes, nurses can share PHI with the patient’s family members over the phone. They just need to make sure that they comply with the HIPAA guidelines and have the consent of the patient.
Can all information about the patient be shared with family members over the phone?
Answer
It is advised to only share the bare minimum information with the patient’s family members over the phone as there’s always the risk of unauthorized access to information. The provider should instead encourage in-person meetings for detailed discussions.
Does Sharing patient information with family over the phone require the patient’s written consent?
Answer
It is important to have the patient’s consent, but written consent is not always necessary. However, the provider must ensure that the person on the other end is authorized to receive information.
Are there any alternatives to Sharing patient information with family over the phone?
Answer
Certainly, there are other alternatives for sharing patient information with family over the phone. You can use secure text messaging and can also invite family members to visit you personally.
Can information shared via phone be documented?
Answer
Yes, it is generally a good practice to document the telephone conversation for compliance purposes. However, suppose the conversation regarding the PHI is recorded. In that case, it becomes ePHI and comes under the provision of HIPAA Security Rule as this piece of recorded information is subject to a security breach.
Conclusion
As a healthcare provider, you must exercise caution while sharing patient information with family over the phone. If you wish to use alternate methods to share patient information, you can use Emitrr’s secure texting feature. This capability is HIPAA-compliant and will keep all the information secure. Eager to know about Emitrr? Book a demo now!
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