HIPAA’S Privacy Rule requires an individual’s protected health information (PHI) to be maintained confidentially for 50 years beyond decease. The executor or administrator of the person’s estate has the right to obtain copies of the individual’s record, release copies to other parties, etc. Certain other disclosures may be made without the authorization of the executor/administrator of the estate.
For a Relative’s Healthcare
If a family member needs medical information for their own healthcare, you may disclose relevant PHI directly to the person’s healthcare provider without obtaining authorization from the executor/administrator. You would conduct appropriate identity verification on the relative and the provider before making a disclosure.
To Coroners, Medical Examiners, Funeral Directors, Organ Donation
You may disclose PHI to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. Also permitted are disclosures of PHI to funeral directors, consistent with applicable law, as necessary to carry out their duties with respect to the decedent. PHI may be disclosed to organ procurement organizations for the purpose of facilitating organ, eye or tissue donation and transplantation.
Previous Involvement
The practice may disclose a limited amount of PHI to a personal representative (designated before the patient’s death), family member or other individual who was involved in the patient’s care (or payment related to the patient’s healthcare) if the individual had access prior to the patient’s death. However, such access must be limited to only that information which is relevant to the person’s involvement in the decedent’s care or payment for care. For example, it would be permitted to release a final bill if requested by a family member or other individual who is intending to help clear a financial obligation of the deceased patient. However, it would not be permitted to disclose an entire patient record to such an individual. Individuals who request more information than is directly relevant to the individual’s involvement should be referred to the executor to obtain written authorization for the disclosure.
