How Do I Get Medical Records of a Deceased Relative?
Full Question:
Answer:
Generally, if an estate is open, then the person named as executor or administrator is 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. HIPAA leaves it up to states to determine who qualifies as a deceased patient’s personal representative-the person who has legal rights to access another’s medical record. This is clear cut when a patient has signed a HIPAA release or named an executor to his or her estate. But when a patient dies without doing either, HIPAA defaults to state law to determine the hierarchy of rights to that person’s estate and health records.
The privacy rule states that people have the same privacy rights in death as they do in life. But it also requires that healthcare facilities must release medical records to those people either appointed by the patient or who are deemed a personal representative by state law.
Each medical facility has slightly different regulations about the paperwork required for obtaining a relative's medical records. It is best to contact the medical facility before submitting a request.
If you don't qualify under the hospital's policy for releasing records, you would need to file a petition in the state court and then subpoena the documents.
Please see also:
http://www.harp.org/og/inforite.htm
http://www.ehow.com/how_5113788_obtain-medical-records-deceased-relative.html
http://www.medbd.ca.gov/consumer/access_records.html
http://medicalrecordrights.georgetown.edu/stateguides/ca/caguide2.html
http://journal.ahima.org/2009/08/04/rights-to-deceased-patient-records/
