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Health Insurance Portability and Accountability Act (HIPAA)

Under HIPAA standards can a medical facility release a deceased persons medical records?

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Wiki User
2008-09-06 09:30:14

HIPAA laws are applied under both federal and state guidelines.

Generally the only persons who will be granted access to a deceased

person's medical history are, govenment agencies (medical examiner,

Medicare, Medicaid, VA, etc.) health care providers/insurers who

were involved before the person's death, executor or personal

representative of the deceased's estate, a surviving spouse if the

couple were legally married at the time of death and adult

children. A few states require an order from the court regardless

of who is requesting the information. The best option is to contact

the doctor or facililty who is in charge of the records as they are

actually the "legal owner" and would be able to supply information

on how to obtain a copy of whatever is needed.

The compliance acronyms roll right off our lips these days:

HIPAA, SOX, PCI. All these and many others are top-of-mind to

executives and practitioners throughout the industry. Check out

TheComplianceAuthority resources site for more info .

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