If a patient with a serious mental illness has stopped taking a prescribed medication, can the provider tell the patient’s family members?

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Confidentiality sits alongside the practical need for support in treatment, so information shared with family members is limited to what is needed for the patient’s care or payment and only if the patient has not objected. Under HIPAA, a provider may disclose to family members involved in the patient’s care without a court order when the patient has not objected, and the shared information should be the minimum necessary for the family to assist with treatment or billing. In this case, because the patient has not objected, the provider may discuss with the family member the aspects of care that are relevant to supporting treatment (such as adherence, appointments, or billing) while withholding unrelated details. If the patient objects, disclosures must stop or be more narrowly limited. The other options either require an objection, require a court order, or omit the needed patient-consent and minimum-necessary nuance.