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

Answer 1

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.

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