Communication with family members of patients in crisis

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bashir

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OK, I'll admit this thread exists primarily as a way for a frustrated sister of a guy with schizoaffective disorder to vent, but I do have some questions as an M4 applying to psychiatry if you're willing to wade through everything else.

I'll try to make a long story short. My brother had been fairly stable living in a secured residential facility for about a year, where I visited him frequently. I am sure he would have happily signed a release of information form for me during that time but I never thought to ask him. So when he decompensated to the the point of needing acute psychiatric hospitalization he effectively disappeared off the face of the earth. No call was made to my mother, who was listed as his emergency contact but also had neglected to ask him to fill out a ROI. All we knew was that he was no longer in his home and the staff members we spoke with were too concerned about a HIPAA violation to give us any information whatsoever. We didn't know whether he was alive or dead, and could get no information from any of the psych wards/hospitals in town. Thank god he eventually called from one of them, after several days of treatment.

I understand the staff at his residential treatment facility and the psychiatric hospital were concerned about HIPAA violations, but really? Is this how things are done? No effort by anyone on either side of that handoff to contact the family of a person in crisis. I don't know for a fact whether they asked him if they could call us and he said no, but even if he had refused, he was apparently floridly psychotic; at what point do you not put that decision in the patient's hands? If he had been in a coma they would have called his emergency contact. He was conscious but certainly incapacitated by illness. If a facility is going to be such sticklers about having release of information forms on file before releasing any information about a resident's whereabouts, doesn't that put the onus on them to encourage residents to sign these forms when they're stable in order to prevent situations like this? This can't be how this is supposed to work.

Furthermore, in the interest of informed medical decision-making, isn't it incumbent on someone on his treatment team at the hospital to make an attempt to contact family members who may have critical insights to offer, for example which medications he has tried, which have worked, which haven't, which he has had (potentially serious) adverse reactions to? This particular psychiatric hospital may be worse than most in this regard, perhaps owing to the lack of licensed clinical social workers, whose role is (poorly) filled by inexperienced and undereducated "discharge planners".

On a personal level, is there a way for me to prevent this from happening again, short of having a guardian appointed? He doesn't want one and usually doesn't need one, so I wouldn't feel right about pushing for it. Should we have filed a missing persons report with the police? We strongly suspected he was in a local psych ward but had no way of knowing for sure. Would that have saved us days of anxiety and uncertainty?

If you made it this far, thanks for reading. Feel free to tell me I'm overreacting, or being naive and idealistic. I'm looking for an outside perspective on this situation, which I am obviously too close to to be objective about. I'm also trying to figure out what my role as a psychiatrist will be in trying to spare families the hell we went through. I'm starting to think my HIPAA compliance will be on a case-by-case basis; if I get sued doing what I think is in the patient's best interest, so be it. What's your policy?

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I'm not a doctor. And I also can't give any relevant advice to your situation. But I wanted to say I am very sorry for the awful situation your family was put through for what was already a not-good situation to begin with.

I did want to add that I watched a talk the other day by the founders of Google, and Larry Page (the CEO) said that he thinks thousands of lives could be saved each year with modifications to HIPPA. He said the way the current system is set up that researches can't do "big data" research even if patient cases are anonymized. He thinks that looking at aggregate data you could find patterns and solve for problems--which ones I'm not sure. If that's the case, I think there should be an opt-in system to allow researchers to use your medical data as long as it's anonymized. They also said that in general healthcare is a very difficult industry to innovate in due to the amount of regulation.
 
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I agree it is strange they would not call an emergency contact. HIPAA over-concern seems rampant, and it's unfortunate, but nobody wants to break a federal law. An idea to make sure you are contacted would be to have a mental health advance directive where the hospital is instructed to contact you if your brother lacks decisional capacity. It wouldn't have to appoint you as a decision maker, but it would be official paperwork containing your contact information for the hospital.
 
HIPAA allows protected health information to be disclosed to friends and family without consent of the patient when the patient is incapacitated and it is in the best interests of the patient. And things have become more relaxed recently in terms of disclosing information in times of crisis. Obviously very difficult situation for you and your family and not clear why you were not contacted. dynamics of families of schizophrenics are such that sometimes it is in the best interests for families to not be involved. psychosis doesn't necessarily mean your brother was incapacitated so maybe he didn't want family contacted. perhaps they were lazy and couldn't be bothered to get in touch. i don't pay much attention to ROIs but there are good reasons they are in place and planning for what to do in times of crisis is pretty important. certain things we take for granted and we shouldn't. discussing advanced directives, emergency contacts, code status etc are important for us all and we should have these conversations with our loved ones. this applies to mental and physical health.
 
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Thanks to all who responded. Heyjack, I don't know why I never thought of a mental health advanced directive but that's exactly what we need. I look forward to talking to my brother about putting one in place once he is stable again. My mother specifically asked me to thank "that internet person" for the suggestion, so thank you!

I do suspect that this tool is vastly underutilized for people with psychotic illness, and if the staff of psychiatric facilities are not used to checking the chart for an advanced directive it may not be very effective. Certainly worth a shot though.
 
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