If a patient is incapacitated and the treating psychiatrist determines that it is in the best interest of the patient, the psychiatrist can communicate with family and others involved in the patient's care.
The government has released a new guidance - including a list of frequently asked questions - explaining how the HIPAA privacy rule operates to protect the individuals' privacy rights with respect to their mental health information and in what circumstances the privacy rule permits health care professionals to communicate with patients' family members and others.
The complete story is available in Psychiatric News, March 21, 2014
The guidance is posted at:
http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/mhguidance.html.