HIPAA: Media Guidelines on the Release of Patient Information

 

Maintaining the privacy of patients, while also being responsive to the media, has always been a delicate task for hospitals. This task has recently become even more challenging with the passage of the Health Insurance Portability and Accountability Act (HIPAA), which includes privacy provisions that are effective as of April 14, 2003.

 

The following guidance for release of information was developed by the West Virginia Hospital Association from information obtained through the American Hospital Association. It is being distributed to all hospitals and to members of the media. Please note this is merely guidance for hospitals and not legal advice. Each hospital must then take this guidance and incorporate it into its own policies. In fact, if a hospital has policies that are more stringent than these guidelines, the hospital may certainly maintain its own policies for release of patient information.

 

Patient Consent

As of April 14, 2003, all hospitals must tell patients upon admission what information will be included in the hospital directory and who has access to that information. At this point, patients can request that the hospital not release any information about them to the media or to others, even family and friends. This request for privacy can include total anonymity, meaning the hospital cannot confirm that the patient is even in the facility.

 

If a patient’s medical condition prohibits him/her from making this decision, the hospital must decide if releasing the information would be in the patient’s best interest. Sometimes, emergency department patients are treated for injuries received through violence; in these situations, releasing information could actually be detrimental to the patient. Regardless of the hospital’s decision, once the patient is alert and able to make a decision about the release of information, he/she will be asked for a preference.

 

In the past, certain patients were classified as publicly reportable, meaning they were involved in situations that dictated mandatory reporting to public authorities such as law enforcement, health department, etc. Hospitals often felt comfortable releasing information on these patients due to the fact that it was already public information. With the new HIPAA guidelines, there is no such thing as publicly reportable patients. All patients will be handled similarly and will have the same right to refuse the release of information. While hospitals are still required to report certain situations to public authorities, they may not release this information to anyone else, including other public officials. Instead, such requests, including calls from the media, will be referred to the appropriate public authority.

 

What Information Can Hospitals Release?

In an effort to protect the privacy of patients, HIPAA mandates that hospitals and other providers only release the minimum information necessary for the effective care of the patient. Therefore, if the patient has not requested anonymity and the reporter has provided the full name of the patient (a description of the patient and/or the situation will not be sufficient), the hospital may release a one-word description of the patient’s condition. Many hospitals will take the added step of requiring that the next of kin be notified before releasing any information. The condition descriptions are as follows:

  • Good - Stable vital signs, good prognosis, patient is conscious and comfortable
  • Fair - Stable vital signs, good prognosis, patient is conscious, but may be uncomfortable
  • Serious - Unstable vital signs, prognosis is questionable, and patient is acutely ill
  • Critical - Unstable vital signs, major complications exist, and the prognosis is not favorable
  • Undetermined - Patient’s condition has not been fully evaluated
  • Deceased - If a patient has not requested anonymity, and the next of kin have been notified, the hospital may release that the patient has died. A hospital may not disclose the cause of death, nor the time or date of death.

* The word stable should not be used to describe a patient’s condition.

 

What if the Patient Shares Additional Information?

Even if the patient gives a reporter more information than the one-word description, the hospital cannot confirm or deny any information beyond what is covered in HIPAA.

 

What about Notable Patients?

Patients who are well known in the community (government official, celebrity, etc.) will be treated exactly like all other patients with regard to the release of information. However, after a period of time, if the patient and his/her family decide to provide information to the media, the hospital will work with the patient and the media to assist in the exchange.

 

Can Media Representatives Obtain Patient Interviews/Photos?

As always, any media requests for patient interviews should be made through the hospital, and a hospital representative must be present during the interview. This ensures not only the privacy of the patient, but also that of other patients and families nearby. Such interviews will only be granted with the patient’s written consent.

 

What About Minor Patients?

In general, hospitals cannot release information about minors (primarily considered to be those under the age of 19) without the consent of their parents or legal guardians.

 

Release of Information in Disaster Situations

In highly charged situations, such as disasters, the public may benefit from the release of general information when specific information cannot be released. For example, the hospital could confirm that it is treating a number of individuals as a result of a bus wreck. The hospital might also provide information on the age or gender of the patients to help reduce undue anxiety. However, the hospital cannot release any information that would identify a specific person.

 

For more information, please contact Lori L. Henshey, Publications Coordinator, West Virginia Hospital Association, 304/353-9747 or Lhenshey@wvha.org.