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Does HIPAA survive after I'm dead?
Does HIPAA survive after I'm dead?
| Does HIPAA survive after I'm dead? |
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The majority of individuals wouldn't necessarily worry about what happens to their medical information once they are gone. A little thought should be spared for the ones left behind though. Many conditions are hereditary and information like this might give insurance companies pause when dependents apply for cover. Fortunately the HIPAA protection is forever. A patients privacy rights remain even after their death and forever onwards. This doesn't sound very practical but is a nice added protection for family members left behind. The right to control the PHI of any deceased lies with the next of kin or executor. There are exceptions, such as releasing certain information for research purposes. One such example is genetic research into a condition the deceased suffered from at the time of death. Limited access can be granted to assist research into the treatment of the condition after death. Written consent can be sought by interested parties who request certain information, such as studies into hereditary diseases, but as if the patient were living, no information can be shared if written permission is not given. There are obvious legitimate uses for the deceased's medical records to be shared. Especially to entities like a medical examiner, coroner or funeral home. These are practical necessities in many cases. At the time of writing there are moves to have the HIPAA cover reduced to two years after death. For now, however secrets are safe until long after that. |