Need some HIPAA advice

PolarKat

We are a medical office. A surviving spouse of one of our patients who has recently passed away has requested a copy of his medical records. What verification are we required to get to legally release the records without violating any HIPAA rules? It seems to be a gray area; ie. Just being the surviving spouse doesn't necessarily mean that they are the executor of the estate. Can somebody help, please?

Don D

I would suggest that your med-mal attorney could give you the most reliable advice and would do so gladly, at the existing retainer.






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Betty I_O

Did your deceased patient sign a Privacy Notice indicating the individual(s) who could have access to PHI information? If there is not one on file authorizing his wife to have access to/knowedge about his care and medical condition, it is my understanding that she cannot have access. In the absence of the signed Privacy Notice, contact your attorney.

Every healthcare facility, clinic, medical office, etc. now requires completion of a Privacy Notice, usually as part of the check-in process.

LarryC

The deceased do retain their privacy rights, which dispells the old adage that "you can't take it with you."

Pork

POLARKAT:
1) A deceased member's PHI must be treated in the same manner as any other members PHI.
2) Your HIPAA plan should say the executor, administrator, or other individual authorized to act on the behalf of a deceased member, will be treated as any other member is treated.

Which begs, the decision person for release of information should satisfy one's self, that the person before you seeking the information is in fact legally the representative of the deceased.

By virtue of a General Power of Attorney I represent my mother. In order to now receive medical information pertaining to my mother, I carry with me an original notarized GPA and a current picture ID. While my name is on the GPA without the picture ID I can not identify my self as the Legal representative.

WHAT DOES ONE CALL AN ATTORNEY BUTIED UP TO HIS NECK IN SAND? A need for more sand. This HIPAA law is a night mare for us and another GOD SEND for the attorney world.

PORK

Rockie

I just checked with our medical records person on this and the dead do, in fact, retain their privacy.

This request would have to go through the probate court. If there are no complicating factors, the judge could possibly just issue a directive to release this information.

Just another reason to take care of all this stuff (power of attorney, living wills, etc.) before an event takes place.