Myth : A hospital is prohibited from sharing information with the patient’s family without the patient’s express consent.

Fact : Under the Privacy Rule, a health care provider may “disclose to a family member, other relative, or a close personal friend of the individual, or any other person identified by the individual,” the medical information directly relevant to such person’s involvement with the patient’s care or payment related to the patient’s care.

Myth : A patient’s family member can no longer pick up prescriptions for the patient.

Fact : Under the Regulation, a family member or other individual may act on the patient’s behalf “to pick up filled prescriptions, medical supplies, X-rays, or other similar forms of protected health information.”

Myth : The Privacy Regulation mandates all sorts of new disclosures of patient information.

Fact : Disclosure is mandated in only two situationsto the individual patient upon request, or to the Secretary of the Department of Health and Human Services for use in oversight investigations.

Myth : Patients will sue health care providers for not complying with the HIPAA Privacy Regulation.

Fact : The HIPAA Privacy Regulation does not give people the right to sue.

Myth : Patients’ medical records can no longer be used for marketing.

Fact : Use or disclosure of medical information is explicitly permitted for certain health related marketing under the HIPAA Privacy Regulation.

Myth : The press can no longer access vital public information from hospitals about accident or crime victims.

Fact : HIPAA allows hospitals to continue to make public (including to the press) certain patient directory information - including the patient’s location in the facility and condition in general terms - unless the patient has specifically opted out of having such information publicly available.