The organization may disclose relevant PHI to a patient’s family members, close friends, or caregivers involved in their care or payment for care, provided the patient agrees or does not object when given the opportunity. This may include information about the patient’s location, condition, or death. If the patient is present and capable, agreement may be express, implied by lack of objection, or inferred from the circumstances.
In cases where the patient is incapacitated or unavailable (e.g., emergencies), providers may use professional judgment to determine whether the disclosure is in the individual’s best interest, limiting information to what is directly relevant to the person’s involvement in the patient’s care or situation. After the patient’s death, disclosures to personal representatives or family members may be made consistent with any known preferences; if no preferences are known, disclosures may be made only to individuals with an existing relationship and only to the extent it is in the deceased’s best interest.
