HIPAA rules for deceased patient

[Guest guest]

Hello all: New conundrum. Patient expired at home and left no information on next of kin. Eventually estranged family member appears and wants to have copy of medical records. Best I can tell, he is not entitled except I can send medical information to his own treating physician for his own health care treatment etc. There is some legal process where family member can be designated a representative, for purposes of estate. However, I am not sure this designation entitles family member to medical records. Our contact at Medicare HIPAA office states POA ends at the time of death, BTW. Patient was very private and fiercely independent despite declining health. Most important to me is to respect her wishes for privacy in all this. Any HIPAA experts out there with advice/opinion?Thanks!Ramona Ramona G. Seidel, MD Bay Crossing Family Medicine Your Bridge to Health www.baycrossingfamilymedicine.com 410 518-9808Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: New Members 1 Visit Your Group Switch to: Text-Only, Daily Digest & bull; Unsubscribe & bull; Terms of Use.

[Guest guest]

Ramona,I am not a HIPAA expert, but I found this article which states that HIPAA still applies after a person has died, and that in the absence of a designated personal representative, usually state law determines who can get access as a personal representative. It may come down to probate court to decide:http://journal.ahima.org/2011/03/23/accessing-deceased-patient-health-records-faq/What's "POA"? SetoSouth Pasadena, CA

Hello all: New conundrum. Patient expired at home and left no information on next of kin. Eventually estranged family member appears and wants to have copy of medical records. Best I can tell, he is not entitled except I can send medical information to his own treating physician for his own health care treatment etc. There is some legal process where family member can be designated a representative, for purposes of estate. However, I am not sure this designation entitles family member to medical records. Our contact at Medicare HIPAA office states POA ends at the time of death, BTW. Patient was very private and fiercely independent despite declining health. Most important to me is to respect her wishes for privacy in all this. Any HIPAA experts out there

with advice/opinion?Thanks!Ramona Ramona G. Seidel, MD Bay Crossing Family Medicine Your Bridge to Health www.baycrossingfamilymedicine.com 410 518-9808Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: New Members 1 Visit Your Group Switch to: Text-Only, Daily Digest & bull; Unsubscribe & bull; Terms of Use.