Q: State of CA - Family member has medical records of a deceased, can he share those with a patient advocacy org.?
There was no will left by the deceased, who had no assets either, hence there was no elected beneficiary, no personal representative or administrator of will. Just immediate next of kin. Would the family member get in trouble for any HIPAA violation were he to share the medical records with an entity for further investigation into the brother's death?
A: The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html. The person releasing the records would, therefore, have to have the right to waive the HIPAA rights. That right would belong to the heirs by right of intestate succession. Those rules are described here: http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html.
A: Generally, HIPAA applies to covered entities and their business associates. See: https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html Under the circumstances described, the immediate next of kin is not covered by HIPAA. Also, they could probably qualify to sign a release of records anyway: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html
A: I agree with Mr. Light. However as a matter of reality, there are no penalties against individual family members (as opposed to hospitals and providers) for release, so I don't see the issue as a matter of reality.
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