Can family members obtain PHI (protected health information) of a deceased individual?
Yes, in one of two ways:
1. Health-care providers may disclose deceased individual's PHI for treatment purposes of the individual requesting the PHI without an authorization (e.g. family history of an illness).
2. A personal representative of a deceased individual, such as an executor or administrator of the estate, may obtain or authorize disclosure of the PHI.
P.S. The federal HIPAA compliance date was Monday, April 14, 2003.
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