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Can I Share a Patient’s Health Information with Their Spouse?

by Caitlin Denison, BS, RDH

Can I share my patient’s protected health information with their spouse? The answer is, in certain circumstances, yes.

When is it okay to share PHI with a spouse?

  • If the patient does not object: Often, a patient will have the chance to accept or decline their spouse’s involvement in their care. For example, if a patient brings their spouse into the treatment room or agrees to set up a joint account, we can assume that the patient is okay with sharing their health information with their spouse. In these cases, sharing PHI is allowed.
  • When the spouse is involved in care: The Privacy Rule allows health providers to share information with someone who is helping the patient with their care or paying for healthcare. For instance, if a spouse picks up their partner after a procedure, the dental office can share necessary aftercare instructions, such as how to apply ice following an extraction.
  • In the patient’s best interest: If the patient can’t directly consent (perhaps due to being unconscious or unable to communicate), the provider may share information with the spouse if it’s in the best interest of the patient.

When should PHI NOT be shared with a spouse?

If a patient specifically requests that their spouse not be allowed to access their PHI, the dental office must honor that request and keep the information private.

Conclusion

In most situations, it’s okay to share health information with a spouse if the patient doesn’t object or if the spouse is involved in the patient’s care. However, it’s important to respect a patient’s wishes if they don’t want their spouse to see their health information.

Source: https://www.hhs.gov/hipaa/for-professionals/faq/488/does-hipaa-permit-a-doctor-to-discuss-a-patients-health-status-with-the-patients-family-and-friends/index.html