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HIPAA: Increased Flexibility with PHI of Deceased Patients

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Under the Final rule, covered Entities (CE’s) are now permitted to disclose PHI to a decedent’s family members and others who were involved in the patient’s care, or payment for that care, prior to death, unless doing so would be inconsistent with any prior expressed preferences known to the CE.  This is limited to disclosing PHI that is relevant to the family member or other person’s involvement in the individual’s healthcare or payment.  Additionally, under the new HIPAA regulations, health information is no longer PHI after a patient has been dead for 50 years.

Taken from:  Miller & Martin, PLLC  3/8/2013

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