Even after death, HIPAA still protects patient privacy

Did you know that under HIPAA, a patient’s right to privacy is protected for fifty years after their death? A deceased person is guaranteed the same privacy rights as a living person under HIPAA for up to fifty years after their death. Unless directly involved in care, make sure that you always obtain consent from the next-of-kin or estate executor prior to accessing the EMR of a deceased patient.

For more information, visit the Department of Health and Human Services’ website.

5 comments

    • Yes, however it can be a nuanced situation. Please feel free to contact our office at 319-384-8282 to discuss specifics.

  1. How can you find out who the next of kin/emergency contact is for a deceased patient without accessing the EMR?

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