Q: Our nursing home publishes the names of residents who have died. Is this a HIPAA violation? Should we have a policy and procedure regarding this practice?
HIPAA Weekly Advisor, June 18, 2007
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A: You should obtain written permission from the deceased's next of kin to do to legally publish the names of your residents who have died. It is acceptable to tell a caller or visitor that a patient is deceased, if he or she asks for the patient by name. However, you should not publish notice of a death without the family's permission.
Editor's note: Mary Brandt, president of Bellaire, TX-based Brandt & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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