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Medicare Compliance & Reimbursement

Reader Questions:

Understand the Intersection of Family Medical History and HIPAA

Question: Does a patient鈥檚 family medical history fall under information protected by HIPAA?

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Answer: Yes, a patient鈥檚 family medical history constitutes protected health information (PHI). The HHS Office for Civil Rights (OCR) says that a patient鈥檚 family medical history becomes PHI once it鈥檚 a part of the medical record.

鈥淲hen a covered health care provider, in the course of treating an individual, collects or otherwise obtains an individual鈥檚 family medical history, this information becomes part of the individual鈥檚 medical record and is treated as 鈥榩rotected health information鈥 about the individual,鈥 OCR says.

Critical: Even if a family member is mentioned in a patient鈥檚 medical history, the patient 鈥 not the family member mentioned 鈥 retains the control over who the information can be shared with.

鈥淭hus, the individual (and not the family members included in the medical history) may exercise the rights under the HIPAA Privacy Rule to this information in the same fashion as any other information in the medical record, including the right of access, amendment, and the ability to authorize disclosure to others,鈥 OCR says.