Please read the following from the OCR Frequently Asked Questions list at http://www.hhs.gov/ocr/hipaa/privacy.html:
May physician's offices or pharmacists leave messages for patients at their homes, either on an answering machine or with a family member, to remind them of appointments or to inform them that a prescription is ready? May providers continue to mail appointment or prescription refill reminders to patients' homes?
A: Yes. The HIPAA Privacy Rule permits health care providers to communicate with patients regarding their health care. This includes communicating with patients at their homes, whether through the mail or by phone or in some other manner. In addition, the Rule does not prohibit covered entities from leaving messages for patients on their answering machines. However, to reasonably safeguard the individual's privacy, covered entities should take care to limit the amount of information disclosed on the answering machine. For example, a covered entity might want to consider leaving only its name and number and other information necessary to confirm an appointment, or ask the individual to call back.
A covered entity also may leave a message with a family member or other person who answers the phone when the patient is not home. The Privacy Rule permits covered entities to disclose limited information to family members, friends, or other persons regarding an individual's care, even when the individual is not present. However, covered entities should use professional judgment to assure that such disclosures are in the best interest of the individual and limit the information disclosed. See 45 CFR 164.510(b)(3).
--------Original Message-----
From: Clay, Roy III (NO) [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 3:09 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA privacy and telephoneMy feeling is that unless you have authorization from the patient, anything other than giving the results directly to the patient is not allowed. You wish you can have an opt-in question on the order of "Do we have your permission to leave medical information with your spouse?(Y/N) These responses would have to be tracked and adhered to.
-----Original Message-----
From: Doug Webb [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 8:51 AM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: HIPAA privacy and telephone
An extension to this -- how do you handle answering machines?
My gut feeling is that either a no-no (the machine more questionable than a family member) -- the information could only be released to the patient or his/her representative designated in a written authorizaton. Perhaps another signature on your main consent/authorization form to allow these types of communications is what's needed???
The opinions expressed here are my own and not necessarily the opinion of LCMH.
Douglas M. Webb
Computer System Engineer
Little Company of Mary Hospital & Health Care Centers
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----- Original Message -----
From: <[EMAIL PROTECTED]>
To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent: Thursday, January 16, 2003 04:04 PM
Subject: HIPAA privacy and telephone
> I would like the lists opinion on this topic.
>
> Patient comes to the office to have their potassium checked because they are on a diuretic. Later, the physician's nurse calls the patient at home with results but the patient is not home. Spouse answers the phone. Can you tell the spouse that the potassium was fine and that he/she should tell the spouse to continue the same dose of diuretic and potassium supplement? If you say "no, this type of disclosure is not allowed", would it matter that we put a statment in our Notice of Privacy Practices that stated (in the section on Payment, treatment and health care operations) "On occasion, we call test results to your home and leave the results with a family member if you are not present". Now, obviously, we would not do this with a HIV result but it seems like such a waste of everyone's time to play phone tag to accommodate the one patient in a million that is actually upset because you told the spouse what the potassium result was. Thank you.>
> Rich Fairley,
> Dubuque, IA
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The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.
You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]
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The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.
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