REQUEST FOR DECEASED PATIENT RECORDS REQUEST FOR DECEASED PATIENT RECORDS 2025

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(1) Any licensed facility shall, upon written request, and only after discharge of the patient, furnish, in a timely manner, without delays for legal review, to any person admitted therein for care and treatment or treated thereat, or to any such persons guardian, curator, or personal representative, or in the absence
A person has to be the executor or administrator of a persons estate or be the person that the state designates if no one was appointed in a will or another legal document. Providers have 30 days to respond to requests for medical records, and they have to keep medical documents for 10 years.
So, does HIPAA apply even after death? The answer, in short, is that HIPAA Privacy Rules continue to guard a deceased persons privacy for 50 years following their death. This fifty-year period is specifically designed to protect the deceaseds interests and maintain the living relatives privacy expectations.
A court appointed Personal Representative of a deceased person has the legal right to obtain the decedents records. Additionally, Florida law specifically provides that the persons next of kin has the right to obtain the decedents medical records.
Section 456.057, Florida Statutes, allows patients or their legal representative to receive copies of all reports and records relating to an examination or treatment by a healthcare practitioner.
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Therefore, a person cant make a subject access request to get information about someone who has died. For the same reason, where you receive a subject access request but the person dies before youve responded, you wont need to provide the information.

authorization letter for medical records