Privacy Officer's Roundtable

Hi all.  We have a minor patient who is the child of divorced parents.  Both parents have shared custody.  Mom is wanting us to tell her whenever the dad makes an appointment for the child.  In our state, divorced parents retain access to the child's PHI and it's also stated in the custody order.

Would it be an impermissible disclosure to tell mom when dad makes an appointment for the child?  I don't have any concerns with mom calling inquiring about an appointment, but not sure about disclosing it beforehand.

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David Garrison CHC,CHPC
Compliance/Privacy Officer
SEARHC
Juneau,AK
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If they have joint custody of the minor, I wouldn't see an issue with providing the information if she called but I would not take on the responsibility of contacting her anytime an appointment was made. I believe that falls well outside of the scope of providing healthcare services and throws you right in the middle of what could be a messy situation. It's not your job to be an intermediary between two parents that can't communicate. Just my two cents.

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Julie Sours, MHA, CPCO, HCISPP
Senior Associate, Information Security and Privacy
Heartland Alliance for Human Needs and Human Rights
Chicago, IL

The views expressed herein are my own and do not represent those of my employer.
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Original Message:
Sent: 04-19-2018 05:20 PM
From: David Garrison
Subject: Disclosing PHI to divorced parents

Hi all.  We have a minor patient who is the child of divorced parents.  Both parents have shared custody.  Mom is wanting us to tell her whenever the dad makes an appointment for the child.  In our state, divorced parents retain access to the child's PHI and it's also stated in the custody order.

Would it be an impermissible disclosure to tell mom when dad makes an appointment for the child?  I don't have any concerns with mom calling inquiring about an appointment, but not sure about disclosing it beforehand.

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David Garrison CHC,CHPC
Compliance/Privacy Officer
SEARHC
Juneau,AK
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I would agree not to get involved with the issues between parents.  I am aware of a similar issue where mom wanted to know when dad made appointments, and then cancelled them, dad then asked her access be restricted or her not to be able to cancel appointments he made.  Clinic was advised not to accommodate either request due to potential liability concerns.

Susan

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Susan Dahl CHC,CHPC
Chief Compliance Officer
CA Rural Indian Hlth Board
Loomis,CA
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Original Message:
Sent: 04-19-2018 05:37 PM
From: Julie Sours
Subject: Disclosing PHI to divorced parents

If they have joint custody of the minor, I wouldn't see an issue with providing the information if she called but I would not take on the responsibility of contacting her anytime an appointment was made. I believe that falls well outside of the scope of providing healthcare services and throws you right in the middle of what could be a messy situation. It's not your job to be an intermediary between two parents that can't communicate. Just my two cents.

------------------------------
Julie Sours, MHA, CPCO, HCISPP
Senior Associate, Information Security and Privacy
Heartland Alliance for Human Needs and Human Rights
Chicago, IL

The views expressed herein are my own and do not represent those of my employer.

Original Message:
Sent: 04-19-2018 05:20 PM
From: David Garrison
Subject: Disclosing PHI to divorced parents

Hi all.  We have a minor patient who is the child of divorced parents.  Both parents have shared custody.  Mom is wanting us to tell her whenever the dad makes an appointment for the child.  In our state, divorced parents retain access to the child's PHI and it's also stated in the custody order.

Would it be an impermissible disclosure to tell mom when dad makes an appointment for the child?  I don't have any concerns with mom calling inquiring about an appointment, but not sure about disclosing it beforehand.

------------------------------
David Garrison CHC,CHPC
Compliance/Privacy Officer
SEARHC
Juneau,AK
------------------------------