Q: Can I get my deceased grandparent's medical information if I'm not the executor of their estate?
My grandparents passed away over 10 years ago and I am trying to get their medical history. I am not the executor of their estate (they didn't do estate planning before passing away) and my father is the death certificate holder. I live in California, however, they passed away in New York. I know HIPAA laws granting medical information release expire on a patient's death. My father doesn't know his parents' medical history and I am going through medical issues. I would like to have some concrete information to give my doctors beyond my limited general knowledge. If this is possible, what kind of attorney would I need to contact?
A: You are right on the money with the HIPAA reference. Everyone has a right to privacy in their medical information. So, if one spouse is in the hospital and the other spouse calls to ask how the hospitalized person is doing, the hospital is not even allowed to acknowledge the person is in the hospital -- even though it is the spouse asking! The same is true when children are age 18 or older and a parent wants to inquire about a child in a car accident when away at college. You likely need a court order. I would start by contacting a lawyer in New York who handles privacy matters. You can check on AVVO to find a lawyer or contact the Bar Association for the County in which your grandparents lived and ask for a referral. Best wishes!
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