Who can authorize the release of medical records of a deceased patient?
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. If there is no surviving spouse or children, “heirs” may include siblings. Be sure to ask whoever is requesting records if an estate is open, document the response in your records, and proceed accordingly. Remember to follow HIPAA Privacy Rules for release of personal health information as you would with anyone else.
Related Questions
- When releasing the medical records of a patient, with a properly executed authorization, may we release records of other physicians or clinics which may have been sent to us?
- When do I need the patients written consent to release medical records in order to respond to a civil subpoena?
- Record Release Can I refuse to release medical records to a patient who won pay his bill?
