Providers may share patient information with a same-sex spouse just as they would with an opposite-sex spouse, according to a new interpretation of HIPAA by HHS.
HIPAA contains several provisions that allow patient information to be shared with family members, including spouses. In light of United States V. Windsor Supreme Court decision that found it was unconstitutional for the federal government to only recognize opposite-sex marriages, HHS has decided HIPAA will recognize same-sex marriages for the purposes of patient information disclosure, even if the couple lives or receives care in a state that does not recognize the marriage. Any dependents in the marriage are also considered family members under HIPAA, according to HHS.
Same-sex spouses are also protected under a provision of HIPAA that prohibits insurance companies from using family members' genetic information to determine a patient's insurance coverage or premiums.
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