How do my daughters obtain medical records of their deceased mother for insurance purposes?
Full Question:
My Daughters mother passed away, my ex wife. My daughters have been trying to get medical records and send to her life insurance. The doctors and hospital won't release and information. She got married 4 months before she passed way. He stopped them from getting any information. We believe the had something to do with it. My daughters are the only ones
listed on the policy. He is not on it. We have been trying to get this from May 2007, how can my daughters get health information for the insurance?
04/29/2009 |
Category: Medical Records |
State: ALL |
#16440
Answer:
If an estate is open, then the person named as executor or administrator is usually the only one who can authorize the release of medical records. If an estate is not open (no executor or administrator is named), then the legal heirs (usually defined as the spouse and children of the patient) may authorize the release of records.
The following is a GA statute:
§ 31-33-2. Furnishing copy of records to patient, provider, or other
authorized person
(a)
(1)
(A) A provider having custody and control of any evaluation,
diagnosis, prognosis, laboratory report, or biopsy slide in a patient's
record shall retain such item for a period of not less than ten years
from the date such item was created.
(B) The requirements of subparagraph (A) of this paragraph shall
not apply to:
(i) An individual provider who has retired from or sold his or
her professional practice if such provider has notified the patient of
such retirement or sale and offered to provide such items in the
patient's record or copies thereof to another provider of the patient's
choice and, if the patient so requests, to the patient; or
(ii) A hospital which is an institution as defined in
subparagraph (B) of paragraph (1) of Code Section 31-7-1, which shall
retain patient records in accordance with rules and regulations for
hospitals as issued by the department pursuant to Code Section 31-7-2.
(2) Upon written request from the patient or a person authorized to
have access to the patient's record under an advance directive for
health care or a durable power of attorney for health care for such
patient, the provider having custody and control of the patient's record
shall furnish a complete and current copy of that record, in accordance
with the provisions of this Code section. If the patient is deceased,
such request may be made by the following persons:
(A) The executor, administrator, or temporary administrator for
the decedent's estate if such person has been appointed;
(B) If an executor, administrator, or temporary administrator for
the decedent's estate has not been appointed, by the surviving spouse;
(C) If there is no surviving spouse, by any surviving child; and
(D) If there is no surviving child, by any parent.
(b) Any record requested under subsection (a) of this Code section shall
within 30 days of the receipt of a request for records be furnished to
the patient, any other provider designated by the patient, any person
authorized by paragraph (2) of subsection (a) of this Code section to
request a patient's or deceased patient's medical records, or any other
person designated by the patient. Such record request shall be
accompanied by:
(1) An authorization in compliance with the federal Health Insurance
Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d-2,
et seq., and regulations implementing such act; and
(2) A signed written authorization as specified in subsection (d) of
this Code section.
(c) If the provider reasonably determines that disclosure of the record
to the patient will be detrimental to the physical or mental health of
the patient, the provider may refuse to furnish the record; however,
upon such refusal, the patient's record shall, upon written request by
the patient, be furnished to any other provider designated by the patient.
(d) A provider shall not be required to release records in accordance
with this Code section unless and until the requesting person has
furnished the provider with a signed written authorization indicating
that he or she is authorized to have access to the patient's records by
paragraph (2) of subsection (a) of this Code section. Any provider shall
be justified in relying upon such written authorization.
(e) Any provider or person who in good faith releases copies of medical
records in accordance with this Code section shall not be found to have
violated any criminal law or to be civilly liable to the patient, the
deceased patient's estate, or to any other person.