By Devin Partida, Editor-in-Chief, ReHack.com
LinkedIn: Devin Partida
LinkedIn: ReHack Magazine
One of the most crucial responsibilities in healthcare is protecting patient information. Federal and state regulations determine what healthcare professionals can share, but loved ones want to be involved and informed of what’s happening.
What occurs when medical staff need to give family access but must remain compliant with HIPAA and state laws? Creating systems that adhere to regulations while respecting patient rights and family roles can be tricky for healthcare IT professionals.
HIPAA, State Laws and Family Access
Walking the tightrope between privacy and consent requires careful consideration and is a massive responsibility in the healthcare industry. Patients frequently want those closest to them involved in decision-making and notified of developments.
Federal rules under HIPAA state that family members can see protected health information (PHI) only if the patient gave permission or the person is a caregiver and the patient hasn’t objected. State laws can muddy the waters, though.
A 2025 report indicates 63 million Americans are family caregivers, or roughly one in four adults. Since the person might manage medical decisions, too, it’s crucial to define and get permission for who has access to PHI. Leadership and professionals handling records and policies should regularly review guidelines because regulatory updates occur frequently.
HIPAA mandates strict security rules for protecting health privacy and requires explicit consent for data sharing. Even caregivers must have consent except for special circumstances. Here are a few key reminders regarding HIPAA rules on PHI and family member access.
- Providers can share information if the patient is present and doesn’t object.
- If the patient is unconscious or disoriented, a provider may share data they feel is in the patient’s best interest.
- If the patient provided written authorization previously, information can be shared.
- When someone is deceased, the healthcare professional can share details with the family if the patient didn’t previously express another preference.
How to Manage Consent
Most organizations collect signed forms to document consent and store them in the patient’s electronic health record. Although the concept is simple, the practice of ensuring forms are updated and accessible is more complex. IT teams must take privacy a step further, ensuring the system is safe from hackers and that people aren’t accessing private data internally without consent.
Some of the most common pitfalls are things outside of IT’s control. Unclear documentation is a matter for legal counsel and organizational leadership. However, the IT team can control a few things to ensure consent remains updated and accessible.
Although HIPAA consent forms don’t require a set time for renewal, patients should complete new forms anytime there is a company policy change or HIPAA refreshes its regulations. Providers should also review their forms to ensure compliance. Many facilities renew them yearly and send an updated Notice of Privacy Practices. IT can run a report of which reports are due for renewal and share it with the proper departments.
Tech Tools for Secure and Compliant Information Sharing
Advances in technology make compliance easier and allow patients to offer family access or revoke it depending on circumstances. Some things that ensure data remains secure and that consent forms are on record include:
- Role-based access controls what each person on the team sees.
- Audit trails to track who accesses data and when.
- Records of digital consent forms in case of a complaint.
- Patient portals and apps to give patients more control over who they allow to access their PHI.
While it is convenient to allow mobile access to patient records, IT departments must ensure that access is limited and that private data is protected.
Best Practices for IT Professionals
Data breaches targeted over 353 million people in 2023, a steady increase in recent years. Ensuring private details are kept secure means ongoing efforts to avoid exposure. Sometimes, that exposure comes from well-meaning family members wanting enough detail to help their loved ones.
IT leaders must create clear workflows to capture consent and verify that it is updated. The tech team needs to know how to spot patterns that indicate a breach and what to do if someone outside the patient requests records. Staying on top of federal and state legal requirements prevents costly errors that might result in noncompliance fines or lawsuits.
Balancing Privacy, Consent and Family Needs
Families may be involved in everything from bringing the patient for care to paying the bills, and they may feel they have a right to the information protected by HIPAA and state regulations. Healthcare IT professionals typically deal with medical staff or hospital administration, but are still responsible for securing data.
Clear policies and procedures can help avoid conflict and honor a patient’s wishes. By insisting on strong consent and documentation, organizations will remain compliant, and patients will feel protected.