Medical Records

Yes, if the following requirements are satisfied.

Utah State Hospital maintains protected health information in accordance with the federal Health Insurance Portability and Accountability Act (HIPAA). Records of deceased individuals may only be released to the personal representative, as that term is defined by HIPAA.

45 CFR 164.502 (f) requires the State Hospital, a “covered entity” under HIPAA, to comply with HIPAA with respect to the “protected health information” of a deceased individual. 45 CFR 164.502 (g)(4) states “If under applicable law an executor, administrator or other person has authority to act on behalf of a deceased individual or of the individual’ s estate, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.”

In general, 45 CFR 164.514(h) requires you to verify the identity of the person requesting PHI and their authority to have access to PHI, and to obtain documentation, etc., as required. In cases where the individual is deceased, the person requesting the PHI needs to show documentation proving that the “representative” is the executor or administrator of the estate of the deceased, or other documentation that the “person has authority to act on behalf of a deceased individual or of the individual’s estate.”

The requesting individual must complete a Utah State Hospital Access to a Deceased Individual’s Records Request Form and attach documentation stating legal authority.

Examples of Acceptable Documentation

• A certified copy of the court order establishing the executor or administrator.
• A copy of birth and death certificates identifying next of kin.
• A copy of the deceased’s obituary identifying next of kin.
• Marriage certificate and letter from clergy stating marriage was still in effect at time of death.
• Any other legal documentation that establishes kinship

If you have any questions or need for clarification please call the Utah State Hospital, Medical Records Department.