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Question

State of Michigan. My father passed away 7-23-09 after being found unresponsive at the nursing home he as at, on 7-21-09. His wife is wanting a copy of his records but the nursing home is being uncooperative. Our understanding of the HIPAA law is after someone passes away, the next of kin (his wife) is entitled to a copy of his records. My step mother will have the court intervene if need be. Please advise.   Thank you.   Jeri

Submitted: 111 days and 16 hours ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

In Michigan, you generally have the right to get a deceased patient's medical record if you are the personal representative of the estate. If there is a formal will contest, you have the right to a deceased's medical records if you are the surviving spouse or other heir at law. If there is a dispute over life insurance benefits, you have the right of access to the deceased's medical records if you are a beneficiary of the deceased's life insurance policy. It would appear to me that if his wife is named the personal representatitve of his estate, she could submitt proof to that effect and be provided the medical records.

 

 

JA experts are not permitted to have outside communications with JA customers. However, you may be able to find a health care law attorney to assist you in your area by going to http://www.lawyers.com/ or http://www.martindale.com/.

 

Please click "ACCEPT" so I may get credit for my work. If you have a couple of follow-up questions I would be happy to address them for you after that at no additional charge.

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Expert: Maverick
Pos. Feedback: 98.0 %
Accepts: 
Answered: 8/3/2009

Attorney

10 + years experience in civil litigation, jury trials, and business law;

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