Federal law strictly protects medical records for each individual in the u s. My mother in law passed away last month.
I ve lost 3 people in my family to a disease.
How to get medical records of deceased parent in florida. In order to obtain your medical records you should send a written request via certified mail to the last known address of the physician you can find a physician s last known address on their practitioner profile. The rule provides two ways for a surviving family member to obtain the protected health information of a deceased relative. I ve been able to get the records of all but one.
The hipaa privacy rule recognizes that a deceased individual s protected health information may be relevant to a family member s health care. We are told the only people that can get the records are the three listed on the death certificate. Therefore the first five digits of the decedent s social security number.
Then a man calls identifying himself as the executor of the estate. This is my brother whom died in florida in 2007. Social security numbers held by the department of health on death certificates are confidential and will only be issued to an eligible party requesting a confidential record regardless of the date of death.
However under the health insurance portability and accountability act hipaa privacy rule the legal representative for a deceased individual has the right to request those records. Shortly afterward the man s wife requests the records also. Some state laws require people to submit legal proof of executorship to healthcare organizations in order to access records and a copy of the patient s death certificate while other states follow a hierarchy of who becomes by default the personal representative of a deceased patient if the patient dies without naming a personal representative.
Who is authorized to access the records. A son calls the him department and requests his deceased father s medical records. My husband is trying.
I ve been told to get their medical records for screening purposes regarding my own health and the health of my children. However sometimes relatives need access to the deceased person s medical records. There was no estate and no will.
A person s right to privacy under hipaa extends until 50 years after their death. Medical records do not belong to the estate so the deceased s personal representative cannot approve or deny a request for the records. Social security number section 119 071 florida statutes.
So there is no administrator or executor of any estate. If no response is received within a reasonable amount of time you can file a complaint through the consumer services unit. Under section 395 3025 1 florida statutes if a personal representative has not been appointed then the next of kin of the decedent shall be provided access to the decedent s medical records 3 however it could be argued that section 395 3025 is preempted by federal law under hipaa which does not expressly provide the decedent s next of kin the right to access the decedent s medical records.
Obtaining medical records for deceased parent. The health insurance portability and accountability act or hipaa ensures that intensely private information cannot be misused or improperly shared.