HIPAA Q&A: Family members requesting records
HIPAA Weekly Advisor, January 11, 2010
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Q. A patient treated at an oncology clinic in 2003 is now deceased. His daughter called and requested copies of his bills to file a private cancer policy claim. The daughter is not listed as his representative, and we do not have an authorization allowing release of his PHI to his daughter on file. Would we be in violation of HIPAA if it sends the daughter copies of his bills?
A. Doing so would be a HIPAA violation if the daughter is not her father’s legal representative (e.g., power of attorney, healthcare power of attorney, or executor of his estate). Deceased patients’ privacy rights continue after their death. Ask the daughter to provide documentation that she legally represents her father. If she doesn’t provide such documentation, advise her to ask her father’s legal representative to help her obtain billing information.
Editor’s note: Chris Apgar, CISSP, answered this question. This is not legal advice. Consult your attorney regarding legal matters.
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