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Monday, March 22, 2010

A Decedent's Medical Records and HIPAA

Here's a link to a page on the AHIMA's Web site that discusses the proper ways to obtain a decedent's medical records in compliance with HIPAA, to wit: http://journal.ahima.org/2009/08/04/rights-to-deceased-patient-records/.

In Tennessee, medical records must be supplied to a patient or his or her representative within 10 days of a written request seeking them. See T.C.A. § 63-2-101(a) (requiring medical records to be delivered within 10 days of a written request). A small estate can be opened up to have a personal representative appointed to sign the HIPAA authorization to accompany such a request. See id. at §§ 30-4-101 to -105 (the Tennessee Small Estates Act).

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