HIPAA\u2019S Privacy Rule requires an individual\u2019s protected health information (PHI) to be maintained confidentially for 50 years beyond decease. The executor or administrator of the person\u2019s estate has the right to obtain copies of the individual\u2019s record, release copies to other parties, etc. Certain other disclosures may be made without the authorization of the executor\/administrator of the estate.<\/p>\n\n\n\n
If a family member needs medical information for their own healthcare, you may disclose relevant PHI directly to the person\u2019s 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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
The practice may disclose a limited amount of PHI to a personal representative (designated before the patient\u2019s death), family member or other individual who was involved in the patient\u2019s care (or payment related to the patient\u2019s healthcare) if the individual had access prior to the patient\u2019s death. However, such access must be limited to only that information which is relevant to the person\u2019s involvement in the decedent\u2019s 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\u2019s involvement should be referred to the executor to obtain written authorization for the disclosure.<\/p>\n","protected":false},"excerpt":{"rendered":"
HIPAA\u2019S Privacy Rule requires an individual\u2019s protected health information (PHI) to be maintained confidentially for 50 years beyond decease. The executor or administrator of the person\u2019s estate has the right to obtain copies of the individual\u2019s record, release copies to other parties, etc. Certain other disclosures may be made without the authorization of the executor\/administrator… Continue reading