Question: Our pathologist wants to talk to an oncologist about a patient’s condition. She plans to discuss the patient’s history and current diagnosis over the phone. I told our pathologist that she needs the patient’s permission before she can discuss the case but she says I’m wrong. Can you advise?
Texas Subscriber
Answer: Your pathologist is correct — she does do not need the patient’s permission. “The Privacy Rule does not require you to obtain a signed consent form before sharing information for treatment purposes,” the Department of Health and Human Services (HHS) says in its Fast Facts for Covered Entities document. “Health care providers can freely share information for treatment purposes without a signed patient authorization.”
Of course, if you are talking on the phone, you must still meet the regulations set out in the privacy rule to ensure that only the two physicians can hear the information being discussed. Your pathologist should make sure that no one can overhear the conversation, and that the call takes place on a secure line.