Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

A: There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241) refers to physically going in disguise with intent to intimidate or prevent someone from exercising their rights. Simply making a false verbal claim alone would not meet that definition. However, falsely claiming to be next of kin could potentially constitute other offenses like fraud or impersonation, depending on the specifics of the situation and relevant state laws.

As for a hospital's obligations regarding contacting next of kin when a death occurs, here are some of the key issues:

- Hospitals have a legal and ethical duty to make reasonable efforts to locate and notify the next of kin when a patient dies. This allows the family to make necessary arrangements and decisions. Failing to do so could be seen as negligent.

- The hospital should follow their established policies and procedures for identifying and contacting next of kin. This may involve checking the patient's records, emergency contacts, personal effects, etc.

- If the hospital is deliberately indifferent or careless in fulfilling this duty, and fails to take reasonable steps to locate/notify the proper next of kin, it could potentially face legal liability for emotional distress to the family or improper handling of the remains.

- Privacy laws like HIPAA allow disclosure of a patient's information and death to family members and designated contacts/representatives. The hospital needs to verify someone's claimed relationship before sharing protected information.

- If disputed claims of next of kin arise, the hospital may need to carefully navigate the situation, potentially with legal counsel, to determine the lawful order of authority for decision-making.

In summary, while falsely claiming to be next of kin alone may not constitute "going in disguise" under federal law, it raises other potential legal issues. Hospitals have an affirmative obligation to make good faith efforts to determine and contact the actual next of kin when a patient dies in their care. Failing to meet this duty could expose the hospital to liability for violating rules around patient privacy, negligent infliction of emotional distress, and improper handling of remains. The specific remedies would depend on the jurisdiction and unique facts involved.