Purpose

LifeCare recognizes the important role that family members, caregivers, and other support persons play in a patient's care. This policy establishes guidelines for communicating Protected Health Information (PHI) while safeguarding patient privacy and complying with HIPAA requirements.

Policy

LifeCare workforce members may communicate with patients, family members, caregivers, and other individuals involved in a patient's care only as permitted by HIPAA, applicable state law, and LifeCare policies.

Patient privacy and confidentiality shall be protected at all times.

Definitions

Protected Health Information (PHI): Information that identifies a patient and relates to the patient's physical or mental health, healthcare services, or payment for healthcare services.

Caregiver: An individual who assists a patient with daily activities, healthcare needs, or care coordination.

Procedures

A. Communications with the Patient

Patients have the right to receive information regarding their care, treatment, and healthcare services.

Therapists and staff should communicate directly with the patient whenever possible and appropriate.

B. Communications with Family Members and Caregivers

PHI may be shared with family members, friends, or caregivers involved in a patient's care when:

• The patient provides verbal permission.

• The patient is present and does not object to the disclosure.

• The patient is unable to participate in the discussion and the clinician determines, using professional judgment, that disclosure is in the patient's best interest.

C. Minimum Necessary Standard

When sharing information with family members or caregivers:

• Only information relevant to their involvement in the patient's care or payment for care should be disclosed.

• Unrelated diagnoses, medical history, financial information, or personal details should not be shared unless necessary and authorized.

D. Home Health and Community-Based Care Considerations

Because therapy services are frequently delivered in patients' homes, therapists may encounter spouses, adult children, caregivers, neighbors, or other individuals.

Before discussing patient information, the therapist shall determine:

• Who the individual is;

• Whether the individual is involved in the patient's care;

• Whether the patient consents to the discussion; and

• Whether disclosure is in the patient's best interest.

Examples of Appropriate Disclosure

• Discussing a home exercise program with a spouse who assists with patient care.

• Reviewing transfer safety recommendations with a caregiver.

• Providing appointment information to an adult child coordinating transportation.

Examples of Inappropriate Disclosure

• Discussing a patient's condition with neighbors.

• Sharing information with family members after the patient objects.

• Discussing patient information in public settings where conversations may be overheard.

Questions or Concerns

When uncertainty exists about a disclosure, staff shall refrain from sharing information until LifeCare provides guidance.