HIPAA PHI to Daughter

[Randy Watson]

Can a doctor release PHI of a deceased patient (who passed away while under the doctor's care) to that individual's adult daughter? The daughter is not the executor of the estate nor is she an authorized representative. However, it seems ridiculous that HIPAA would prevent the doctor from explaining to the daughter what happened to her mother.

[Steve72]

HIPAA is, in many ways, ridiculous.

Death does not eliminate HIPAA's protections. If the daughter cannot be considered a personal representative under HIPAA, it could prevent the release of PHI to her. There are particular exemptions for decedents, but they are limited to "necessary" information to law enforcement officers, coroners and funeral directors.