Release of medical records of deceased patient in texas

In the context of a health care liability claim being asserted under Chapter on behalf of a deceased patient or a patient who has been judicially determined to be incompetent, records may be released if accompanied by a medical authorization signed by a parent, spouse, or adult child of the deceased or incompetent person. Civil Practice and Remedies Code. Personnel who receive confidential information under Subsection (a)(3) may not directly or indirectly identify or otherwise disclose the identity of a patient in a report or in any other manner. Can a deceased person request a medical record?

When to release medical records? How long should medical records be retained in Texas? Who has access to medical records of a deceased relative? Determining appropriate release of a deceased patient ’s medical records can be complex. HIPAA, sometimes blamed for denied requests, is rarely cause for a roadblock , however.

The federal law does extend a person’s privacy rights into death , but it also explicitly requires facilities to release records to authorized individuals. Regarding deceased patient records, CFR §2. It requires the facility to release records to a personal representative, such as an executor, administrator, or other person appointed under state law. According to the Texas Medical Practice Act (House Bill 667), a physician must furnish copies or a summary not only of his or her medical records , but also of records received from other physicians or health care providers involved in the care or treatment of the patient. Under Texas law , your health care provider owns the actual medical record.

For example, if your provider maintains paper medical records , they own and have the right to keep the original record. You only have the right to see and get a copy of it. My provider makes personal notes about patients in their medical record. However, under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the legal representative for a deceased individual has the right to request those records. See our key legislation factsheet for more detail.

A physician may release records to a family member of a deceased individual who was involved in patient care or payment of patient care. Texas medical records laws are not that different than the laws of other states, in that personally identifiable medical information may only be viewed by physicians and other authorized individuals. However, the state of Texas requires the reporting of gunshot wounds, certain occupational diseases, and some communicable diseases to the proper authorities. Instea access to these medical records is restricted by law to someone who is designated as a personal representative of the deceased. An often-overlooked area is the release of deceased patients’ records.

While HIPAA sets the federal minimum requirement for privacy, state regulations can be more stringent when it comes to releasing protected health information (PHI). Included are regulations set forth by Texas law, federal law, and the Texas Medical Board (TMB). It includes information on how to maintain and store your medical records in a HIPAA-compliant manner. You also will learn how to apply appropriate measures for retaining and destroying medical records timely and efficiently. Soon after her death, Dr Kaur met with Mr Brooks, the deceased patient’s husban about the care Mrs Brooks received.

She answered in an honest and open manner his questions about the nature of Mrs Brooks’ illness, the decisions to stop active treatment, and the palliative care provided. For hospital records , the record holder is the records manager at the hospital the person attended. Fees may apply for accessing these records. All requests for release of medical records information must be accompanied by an authorization form signed by the patient and a photo ID.

If a patient has a representative, the representative would need to provide a copy of the Medical Power of Attorney. The new law gives all of the distributees equal ability to obtain the decedent’s medical records and the records can be secured within a day or two of the family member’s death. Keep the medical records of your deceased patient secure and for at least seven years from the date of the last entry in their record.

The executor or administrator of the deceased patient’s estate has a right to access their medical records and is the correct person to provide authority for another person to access the records. HIPAA’s privacy protections continue to apply to an individual’s PHI for years following their death. However, this does not mean that a physician must retain a deceased patient’s medical records for years.

Medical records must be retained in accordance with physician licensing board retention requirements. In Pennsylvania, physicians are required to retain medical records for adult patients for at least seven years from the last date-of-service.