HIPAA and Family Medical History – What to Know

Understanding how HIPAA applies to family medical history is essential for both patients and providers. When so many diseases have a genetic and thus a family history component, HIPAA establishes national standards to protect the privacy and security of protected health information (PHI), which includes any individually identifiable health information maintained by covered entities such as health care providers, health plans, and clearinghouses.

While HIPAA places limits on how covered entities can use and disclose PHI, it does not stop individuals from gathering or sharing their own family medical history information with others, including health care providers. A person is free to collect, discuss, and communicate information about family health conditions with doctors, family members, or caregivers without restriction under the HIPAA Privacy Rule.

When a health care provider collects an individual’s family medical history as part of a clinical encounter, this information becomes part of the patient’s medical record and is treated as protected health information. Covered entities must then follow HIPAA’s standards for the use and disclosure of that information, just like any other health data in the record.

For example, a physician may include family history details in treatment planning and decision-making because HIPAA permits covered providers to use and disclose PHI for treatment, payment, and health care operations without needing the patient’s written authorization. This means that family history information can be used to guide clinical care or shared across providers involved in a patient’s care.

Although HIPAA allows the use and disclosure of family medical history for treatment purposes, it still protects patient privacy. Covered entities must follow the minimum necessary standard and disclose only the information needed for a specific purpose. Importantly, information collected about one person (even family-related history) belongs to that person’s medical record; other family members do not automatically have rights to access someone else’s medical records under HIPAA unless otherwise authorized.

Disclosure to another provider for the care of a family member is allowed when the information is shared for treatment purposes — for example, to help another physician understand hereditary risks — but this is a permitted, not mandatory, disclosure, and HIPAA does not require providers to share if they choose not to.

Finally, HIPAA clarifies how information may be shared with family, caregivers, or friends in the context of involvement in the individual’s care or payment for care. The rule generally allows covered entities to communicate relevant health information with family members if the patient does not object or is incapacitated, and the provider uses professional judgment that the disclosure is in the patient’s best interest.

Areas Covered in the Session

• Individual’s access to family medical history
• Providers and family medical history
• Treatment disclosures
• Patient rights
• Sharing with family, care givers, and personal representatives
• Limits, professional judgement, and acting in best interest of the patient

Why should you Attend?

Learning to balance the privacy of individuals’ medical history with the medical history of their family can be tricky to find. By attending this webinar, you should come away with a better understanding of how keep patient history private while also offering them the care they need in light of family history issues.

Who will Benefit?

Healthcare practitioners working with families or individuals with a complex family history