tci General Surgery Coding Alert - 2018 Issue 8

Reader Question: HIPAA Holds After Death

Question: Do HIPAA regulations require us to maintain a patient’s private health information after the patient dies, and if so, for how long? SuperCoder Subscriber Answer: If a patient passes away, that doesn’t make his HIPAA agreement null and void. In fact, the HIPAA Privacy Rule protects a patient’s individually identifiable health information for 50 years after the date of death, according to the HHS Office for Civil Rights (OCR). “During the 50-year period of protection, the personal representative of the decedent (i.e., the person under applicable law with authority to act on behalf...

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