How Does HIPAA Apply to Deceased Patients?
- June 27, 2025
- Abbye E. Alexander , Kaufman Dolowich LLP
- Christopher J. Tellner , Kaufman Dolowich LLP
- Henry E. Norwood , Kaufman Dolowich LLP
The Health Insurance Portability and Accountability Act (HIPAA) protects patients’ health information and provides patients with specific rights of access, but to what extent do HIPAA’s protections apply to deceased patients? A deceased patient’s health information in the possession of their providers may contain necessary information for submitting health insurance claims, investigating causes of death, or understanding the patient’s treatment and health history, among other reasons. Parties interested in this information may include the patient’s loved ones, beneficiaries, or estate administrators. These parties may have competing interests, complicating matters from the standpoint of the providers in possession of the information.
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