How can family members of a deceased individual obtain the deceased individuals PHI that is relevant to their own health care?
The HIPAA Privacy Rule recognizes that a deceased individual’s PHI may be relevant to a family member’s health care. The Rule provides two ways for a surviving family member to obtain the PHI of a deceased relative. First, disclosures of PHI for treatment purposes even the treatment of another individual do not require authorization; thus, a covered entity may disclose a decedent’s PHI, without authorization, to the health care provider who is treating the surviving relative. Second, a covered entity must treat a deceased individual or his estate, as a personal representative with respect to PHI relevant to such representation. Therefore, if it is within the scope of such personal representative’s authority under other law, the Rule permits the personal representative to obtain the information or provide the appropriate authorization for its disclosure.
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- How can family members of a deceased individual obtain the deceased individuals PHI that is relevant to their own health care?
