"Why did you change Mum's medication? And what's the plan if she gets sick again?" These little questions can be loaded and knowing how to respond isn't always easy for aged care providers.

Health information is highly sensitive and, depending on the circumstances and how you respond, you could quickly find yourself caught up in a family dispute, losing the trust of the resident, or explaining yourself to the Privacy Commissioner. It's a minefield but knowing a few general rules can help you navigate the issues with confidence.

Rule 1: Consent comes first

We all have the right to decide who our personal information is shared with, and health information is no different.

If the resident says that you can share that information with their child then you can breathe a sigh of relief. That authority could be a standing request from the resident to keep their close family members updated or you can check if they want those specific details shared.

As long as you believe on reasonable grounds that the resident has authorised the disclosure you won't be in breach of the Health Information Privacy Code 2020 (HIPC).

Rule 2: Who's got the power?

If you can't ask the resident because they can't make the decision themselves, or they can't tell you what their decision is, then you need to look at the resident's enduring power of attorney for personal care and welfare (EPA) or whether the Family Court has appointed a welfare guardian.

If the person asking is the attorney or welfare guardian, then you can talk freely because this is information they need to know to help them make decisions about the resident's ongoing care.

If the person asking isn't the attorney then you can ask the attorney to authorise the disclosure.

One trick to remember here is that it's not your role to enforce the EPA. Even if the EPA requires the attorney to share information with the family member, you cannot bypass the attorney or decide the family member is entitled to receive the information against the attorney's directions.

Rule 3: Practice makes permissible

If you can't get consent from the resident or their attorney, or getting their consent is undesirable, then you might still be able to disclose the information. The HIPC allows information to be disclosed by a health practitioner to a person nominated by the resident or a near relative provided that:

1. Disclosure is in accordance with recognised professional practice;
2. Disclosure is not contrary to any direction of the resident or their attorney; and
3. The information disclosed must be limited to what is necessary for that purpose.

This is where the lines can become much more blurred:

• When is it impractical or undesirable to get consent?
• What level of disclosure is appropriate?
• What if an attorney has said not to provide certain information in the past?

Calling a close family member to let them know they need to come and say goodbye is going to be fine in most circumstances, but giving the resident's child a full copy of their medical records is almost certainly beyond the limits.

These decisions really depend on the specific circumstances: the information sought, the family dynamic, and what the resident or their attorney has said previously. Making the right call can be tricky, especially as the requests are often made at emotional times in the resident's care.

How can we help?

If you're ever unsure about whether and how to respond to a family member's request for health information, our team can provide practical, situation-specific advice to help you make confident and compliant decisions.

We regularly assist aged care providers with a variety of general and aged care specific privacy matters, from one-off questions to policy development. Our team can help you:

• Assess whether particular disclosures are required or permitted under the HIPC or Health Act
• Draft or review privacy policies and family communication procedures
• Provide practical guidance for staff dealing with requests for health information
• Advise on how best to manage complaints involving residents' personal information

Whether you need quick, pragmatic advice or a comprehensive review of your privacy practices, our Retirement Villages and Aged Care specialists are here to help.

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