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Medical / Legal Q&A:   AUTHORIZATION FOR RELEASE OF DECEASED PATIENT’S RECORDS
by Lee McMullin
CAP Hotline Specialist
and
Dan Groszkruger, JD, MPH
Consulting Editor

Q: My patient is deceased. I have received a record request from a family member, but obviously, my patient can no longer provide authorization. Who can?

A: Under California law, the authority to release a patient’s records succeeds to one of two classes of persons upon the patient’s death. The first is the legal representative of the patient’s estate — generally designated as Executor, Guardian, Administrator, or Trustee. The second is a beneficiary (or heir) of the patient’s estate. This second group includes next-of-kin and other persons designated as beneficiaries under a will/trust, made by the deceased patient. A surviving spouse normally would qualify as a beneficiary, as well as immediate family members. If there is doubt about who is requesting a copy of medical records, ask for proof. Generally, a photocopy of the deceased patient’s trust or will, and a copy of the requestor’s photo I.D. will suffice.

Practically speaking, physicians will know of a patient’s death and will know the surviving family member(s). However, if the physician has not heard before about the patient’s death, or has never met the purported family member, then requesting proof of both appears to be reasonable and prudent. Under state law, physicians are obligated to take reasonable measures to safeguard the confidentiality of medical records and to disclose protected medical information only to authorized recipients. Generally, death certificates and copies of the deceased patient’s trust or will are readily available. Asking the requesting party to provide them should not present any significant problems or cause undue delay.

An Authorization for Release of Medical Records should be signed by the legal representative or beneficiary on the patient’s signature line. The signer should print both name and status (e.g., Executor of the Estate, Beneficiary) next to his or her signature.

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