Do the consent requirements under HIPAA restrict the ability of providers to consult with other providers about a patient s condition?
No. A provider with a direct treatment relationship with a patient would have to have initially obtained consent to use that patient s health information for treatment purposes. Consulting with another healthcare provider about that patient s case falls within the definition of “treatment” and is, therefore, permissible. If the provider being consulted does not otherwise have a direct treatment relationship with the patient, that provider does not need to obtain the patient s consent to engage in the consultation.
Related Questions
- Are the HIPAA Privacy Rule’s requirements regarding patient access in harmony with the Clinical Laboratory Improvements Amendments of 1988 (CLIA)?
- Is the patient competent or incompetent? Does the patient have the ability to understand his illness/condition and to discuss treatment options?
- Do the consent requirements under HIPAA restrict the ability of providers to consult with other providers about a patient s condition?
