Release of Medical Records

[newstart90]

What is the name of your state? Minnesota
My husband passed away 2 months ago, and yesterday I got a phone call from his daughter. She had been calling the clinic, hospital, hospice, and the funeral home trying to get her Dad's medical records.
She was told that I would have to give my consent for her to review his records, and I am not comfortable doing so. Her Dad specifically told me when we filled out the forms that he did not want her to have access to them, because she has a tendency to start trouble....i.e she is suing a huge bank for embezzlement because they took money from an account after she missed her payments on a loan....
I can understand her wanting his records for a family health history, and would be more than happy to cooperate, but she says she wants his records relating to the last few weeks of his life...and the funeral home records. Why that??? I dunno....
I told her that I would send her the info she wants, but she insists that she be allowed access to his records.
Is there a way to allow limited access? Only his diagnosis, treatment given, prescriptions.....I hesitate letting her have access to it all, for fear that she will start trouble...

 

[VeronicaGia]

Tell her to get lost.

 

[ablessin]

If she wants it for medical family history, that is reasonable. But if you know everything there is to know, she should accept the info from you.

I am guessing this is not your biological daughter. You do not have to give her access to that information.

And if you think she is going to start trouble with the nursing home for what they "didn't do for him" - you're better off telling her no.

Let what's done be done and put it in the past.

There must be some "big" reason she wants all this info...... personally if I was in your shoes, I would probably say No, too. I'll tell you if there is anything that you need to be worried about, past that, she doesn't probably need to know all the nitty gritty and minute details....... especially of his last few precious days.

I am sorry you lost your spouse.

 

[rmet4nzkx]

While you hold priviledge, if there is a question as to his competence to make decisions or undue influence she could retain an attorney.

 

[newstart90]

Thank you all for the advice and sympathy....she is not not biological daughter. Les and I were only married for five years.
He had his living will made out shortly after his diagnosis, and had met with a lawyer regarding his estate six months before his death.
The last week of his life he was incompetent, because the cancer had probably reached his brain, but before that, he made the decision to enter hospice and had talked with the doctor about it.
So, if she retained a lawyer, would the courts allow her access?
P.S I should mention that I have not yet received word from the 3 major credit reprting agencies that his credit file has his death notated.

 

[ellencee]

http://www.healthprivacy.org/usr_doc/RighttoAcces.pdf. Rights to Access Medical Records Under the HIPAA Privacy Regulation

The preamble to the rule also notes that personal
representatives include “anyone who has authority to act on
behalf of a deceased individual or such an individual’s estate, not
just legally appointed executors.”20Specific exceptions allowcovered entities not to release PHI to individuals who may have
subjected the consumer to domestic violence, abuse, or neglect

EC

 

[ablessin]

Thank you all for the advice and sympathy....she is not not biological daughter. Les and I were only married for five years.
He had his living will made out shortly after his diagnosis, and had met with a lawyer regarding his estate six months before his death.
The last week of his life he was incompetent, because the cancer had probably reached his brain, but before that, he made the decision to enter hospice and had talked with the doctor about it.
So, if she retained a lawyer, would the courts allow her access?
P.S I should mention that I have not yet received word from the 3 major credit reprting agencies that his credit file has his death notated.

you might have to send the 3 agencies a copy of his death certificate - it'll speed things up.
Otherwise, they won't know he is deceased.
Do you have the addresses? If not, feel free to PM me, or you can "google" them.