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Letter to the Editor

Issue date: 12/4/06 Section: Pulse
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Dear Editor,

In his column Pocket Doc on 9/11/06, Dr. George provided his views on the problems that the federal regulations known as HIPAA present to communication with families. I would like to clarify the requirements of the HIPAA Privacy Rules in a situation such as this.

HIPAA Privacy Rules do not prohibit communications with family or medical providers in the described scenario in the emergency room; it's actually quite the opposite. The medical provider or designee is allowed to contact the family and inform them of the patient's whereabouts and conditions. The following information is not considered confidential in this scenario:

-That the patient is in the hospital
-When the patient came into the hospital
-The general condition of the patient

The medical provider is also allowed to contact other medical providers to obtain medical history information. The attending physician can request information on behalf of the patient if the patient is not capable of signing an authorization. This is accomplished by having the attending physician sign the authorization. Another option is to have a family member sign an authorization to release medical information. Unless a patient chooses not to be listed in the hospital directory, medical providers can state that a patient is in the hospital. In the scenario where a patient dies, HIPAA Privacy Rules do not prohibit communication to family members via telephone. The privacy rules were not intended to hinder the patient care process, so doing what is reasonable in a given situation should be acceptable.
HIPAA has been introduced to protect the privacy of an individual's personal information. It has changed the communication interface between patients, families, and providers, but its intent is certainly not to eliminate that communication.

Sincerely yours,
W.H. Chamberlin, MD
Chief Medical Officer
University of Illinois Medical Center
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