A 36-year-old man has been hospitalized for the past 3 days for alcoholic hepatitis. His condition is slowly improving and his prognosis is favorable. However, this is his third absence from his job in the past 6 months due to health-related issues. The patient notified his employer that he is presently hospitalized and was informed that he needs to provide the employer with proof of hospitalization or he could lose his job. In accordance with hospital policy, the patient provides verbal consent for the physician to speak with his employer and disclose his health status. The employer proceeds to contact the physician directly by phone, requesting an update on the patient and his likelihood of returning to work. Which of the following is the most appropriate response by the physician to the employer?

Question

A 36-year-old man has been hospitalized for the past 3 days for alcoholic hepatitis.  His condition is slowly improving and his prognosis is favorable.  However, this is his third absence from his job in the past 6 months due to health-related issues.  The patient notified his employer that he is presently hospitalized and was informed that he needs to provide the employer with proof of hospitalization or he could lose his job.  In accordance with hospital policy, the patient provides verbal consent for the physician to speak with his employer and disclose his health status.  The employer proceeds to contact the physician directly by phone, requesting an update on the patient and his likelihood of returning to work.  Which of the following is the most appropriate response by the physician to the employer?

Quizplus · Accepted Answer

The Health Insurance Portability and Accountability Act (HIPAA) privacy rule outlines the handling of protected health information. The main goal is to protect patients' privacy and confidentiality. A physician can respond to an employer's request for health information only if the patient has specifically provided verbal or written authorization for release of information to the employer. Because this patient has given his physician verbal permission to speak with his employer and discuss his care, in accordance with hospital policy, the physician can provide this information. In general, a written (rather than verbal) release of information document is preferred to protect both the patient and physician from any misunderstanding, but this is not a HIPAA requirement (Choice C). (Choice B) If prior authorization for disclosure has been given, the patient's presence is not required. (Choice D) HIPAA does not require the provider to obtain proof of identity of phone callers before speaking with them. However, in some cases, a health care provider or hospital may establish additional rules for verification of a phone caller's identity. (Choice E) A central aspect of the HIPAA privacy rule is the principle of "minimum necessary" disclosure. The physician should disclose only the minimum amount of protected health information needed to respond to the specific request. In this case, the physician is asked to confirm that the patient is hospitalized and comment on his likelihood of returning to work. The physician does not need to disclose the patient's diagnosis to the employer and should avoid doing so as this sensitive information could jeopardize the patient's future employment. Educational objective: The Health Insurance Portability and Accountability Act protects health information by requiring verbal or written authorization for release of information. Hospitals and physicians' offices frequently have additional policies requiring written forms for release of information and procedures to verify the identity of phone callers. It is important that health care providers be familiar with these rules and disclose only the minimum necessary information.

A 36-Year-Old Man Has Been Hospitalized for the Past 3