By MercyAssistedCare.org Editorial Team. Sources checked October 7, 2026. This is general education, not legal or medical advice, and it has not been reviewed by a named clinician or attorney. It does not describe care provided to you or your loved one.
The short answer: under the federal HIPAA Privacy Rule, a hospital team may share relevant information with a family member, friend, or other person involved in a patient's care if the patient agrees, or does not object when given the chance. A practical way to make that work is to ask the patient, before the stay if possible, who should receive updates, and then make sure the hospital team hears the same answer from the patient. The worksheet below walks you through it.
What HIPAA Says About Sharing Updates With Family and Friends
The U.S. Department of Health and Human Services (HHS) explains that the Privacy Rule allows these routine communications between providers and the people involved in a patient's care. The key word is allows. The rule sets out when a provider may share information. It is not a promise that every team will call you at a set time.
HHS describes two main situations:
- The patient is present and able to make health care decisions. A provider may share information with people the patient has involved in their care as long as the patient does not object. The provider can ask the patient's permission, tell the patient they plan to share and give them a chance to object, or reasonably conclude from the situation that the patient does not object. HHS's example of the last case is a family member or friend whom the patient invited into the room during the conversation.
- The patient is not present or cannot decide. A provider may share information with family, friends, or others involved in care if the provider decides, using professional judgment, that doing so is in the patient's best interest. If the person is someone other than a friend or family member, the provider must be reasonably sure the patient asked that person to be involved.
In every case, HHS says what is shared should be limited to information directly relevant to that person's involvement in the patient's care or payment for care. A separate HHS consumer fact sheet gives plain examples. A nurse may not discuss a patient's condition with the patient's brother if the patient says not to. A surgeon may update a spouse while the patient is unconscious. A doctor may not tell a friend about an unrelated past medical problem.
A Family Contact Is Not the Same as a Personal Representative
These two roles are easy to mix up. A family contact is someone the patient has involved in their care. They may receive relevant updates, as described above.
A personal representative is a person with legal authority to make health care decisions for the patient, such as someone named in a health care power of attorney or appointed as a legal guardian. HHS explains that a personal representative is generally treated as the patient for purposes of the Privacy Rule, within the scope of their legal authority. If that authority is limited to certain decisions, they are treated as the patient only for information relevant to those decisions. State or other law determines how far that authority reaches.
If you hold a health care power of attorney or guardianship, ask the hospital how it wants to receive a copy, and ask that it be noted in the chart. Questions about what a specific document allows are for the hospital's staff or an attorney, not for a worksheet.
Where These Limits Matter
- The HHS pages cited here describe the federal rule. They do not address state law or an individual hospital's own policies for this question, so ask the hospital how it handles it.
- “May share” does not mean “will call you.” A busy unit may have its own routine for who is contacted and when.
- The patient can say no, as in the HHS example of a patient telling a nurse not to discuss their condition with a relative. That decision belongs to the patient while they are able to make it.
- If someone seems to be in immediate danger, call 911 or your local emergency number. Do not wait for a permission conversation.
The Conversation to Have Before the Stay
If the admission is planned, a calm conversation at home is easier than one in a hallway. If it is not planned, the same questions still work at admission or at the bedside. Some ways to open it gently:
- “If you're in the hospital, who would you like the staff to call with updates?”
- “Is there anyone you'd rather they did not share information with?”
- “Would you like me to be there when the doctor talks to you, or would you rather I wait outside?”
- “If you couldn't speak for yourself, who do you want to speak for you?”
Then keep the answer simple and specific. “Call my daughter about test results and medication changes” is easier for a team to follow than “tell the family everything.”
Communication-Preference Worksheet
Fill this out with the patient, not for them. The patient decides what goes in each field. Bring a copy to admission and keep one at home. Please do not write Social Security numbers, insurance ID numbers, or passwords on it.
Part 1: Patient-Designated Contact
- Patient's name: ______________________
- Person the patient wants the hospital team to update: ______________________
- Relationship to the patient: ______________________
- Best phone number: ______________________
- Second number or best time to call: ______________________
- Okay to leave a voicemail? Yes / No
- Okay to text or use the hospital's patient portal? Yes / No / Ask the team
Part 2: Backup Contact
- Backup name: ______________________
- Relationship to the patient: ______________________
- Best phone number: ______________________
- When should the team call the backup? (for example, if the first contact does not answer): ______________________
Part 3: The Patient's Wishes About What Is Shared
These are the patient's stated preferences. Ask the hospital team how they can be recorded and followed.
- Updates on how the stay is going: Yes / No / Only some
- Test results: Yes / No / Only after the patient has heard them first
- Medication changes: Yes / No
- Discharge plans and follow-up: Yes / No
- Billing or insurance questions: Yes / No
- People who should not receive information: ______________________
- Is there a health care power of attorney or guardian? Yes / No. If yes, name and where the document is kept: ______________________
Part 4: Questions for the Hospital Team
- How do you record who may receive updates? Is there a form, or do you note it in the chart?
- Can the patient tell you in person, and can you read back who is listed so we can check it?
- Can the patient's wishes be recorded by topic, such as test results or medication changes, or only by person?
- Who is the best person on the unit to call for updates, and are there times of day when staff are more likely to reach us?
- If the contact cannot be reached, will you call the backup?
- Does the patient need to say anything again if they move to another unit, have a procedure, or are transferred?
- What can be shared by phone, and what do you prefer to share in person?
- How do we change the list if the patient changes their mind?
- If we have a health care power of attorney or guardianship paperwork, how do we give it to you, and how will you note it?
- Who can we ask if we are told information cannot be shared and we don't understand why?
What to Do If the Situation Changes
- The patient becomes confused or cannot speak for themselves. Tell the team who the patient named. Hand over your worksheet and any legal paperwork. Under HHS's description, the team may then use professional judgment about what to share, and the worksheet gives them the patient's own wishes to consider.
- The patient changes their mind. Update the worksheet, and tell the nurse and the doctor directly so the change is not lost.
- The contact can't be reached. Make sure the backup knows they are the backup, and that the team has both numbers.
- The patient moves units or facilities. Ask again at each new place whether the preferences came along. Don't assume they did.
- You are told information can't be shared. Ask what would let the team share it, such as the patient's agreement or a document. If you hold legal authority, ask how to provide it. If your hospital has a social worker or patient representative, you can ask whether they can help.
- You are the one relaying updates. You don't have to pass along everything to everyone. Keep to what the patient has said is okay, and consider one short message to the wider family from you instead of many calls. If the load is wearing you down, our guide to preparing for a caregiver respite conversation may help.
Keep the Paper Trail Together
This page covers who may be told about a stay. Two related guides cover the records around it. Our guide to caregiver medication lists explains how to keep one shared record of everything the person takes, which is useful for hospital staff to see at admission. After discharge, our hospital-to-home questions help you prepare for the first week. If you keep notes about changes you observe, our guide to tracking daily function without turning it into surveillance shows how to do it with the person's knowledge.
Sources
- U.S. Department of Health and Human Services, Office for Civil Rights: Does HIPAA allow a health care provider to communicate with a patient's family, friends, or other persons who are involved in the patient's care? (content last reviewed September 12, 2017)
- U.S. Department of Health and Human Services, Office for Civil Rights: Sharing Health Information with Family Members and Friends (consumer fact sheet)
- U.S. Department of Health and Human Services, Office for Civil Rights: Personal Representatives (content last reviewed January 5, 2024)
This article is general education from the MercyAssistedCare.org editorial staff. It is not legal or medical advice and does not replace guidance from the hospital team or an attorney.