Can you get medical records of deceased parent?
Access to the medical records of a deceased patient can generally be provided to the legal representative of the patient (typically the executor of the will or administrator of the estate). The prior wishes of the patient are paramount when considering release to other parties.
Who is the legal owner of the patient medical record?
There are 21 states in which the law states that medical records are the property of the hospital or physician. The HIPAA Privacy Rule makes it very clear that, with few exceptions, patients should be given access to their records, in a timely matter, and at a reasonable cost.
Can a parent have access to their child’s medical record in Michigan?
Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child’s custodial parent, unless the parent is prohibited from having access to the records or information by a protective order.
Who owns medical records in Michigan?
The creator of the medical record, not the patient, owns the medical record. Under Michigan law, private physicians and health care facilities are required to maintain their medical records in a manner that protects the confidentiality of the records and assures accessibility to the information when required.
Can I get my mother’s medical records after her death?
Medical records can usually be obtained through state or county government offices or even through the hospital. Individuals other than the personal representative or executor may ask that person to obtain copies for them.
How do I get my deceased parents medical records in Michigan?
Requests for medical records of deceased patients require a letter of authority in addition to your signed request. The letter of authority is given to the executor of a person’s estate by the Probate Court upon their death.
What age can a child make medical decisions Michigan?
If your child receives medical care at Michigan Medicine, when they turn 11, you will no longer have full access to their medical records. That’s because state of Michigan privacy laws say adolescents and teens have a right to confidential healthcare in certain areas.
Can next of kin ask for medical records?
Despite the widespread use of the phrase ‘next of kin’, this is not defined, nor does it have formal legal status. A next of kin cannot give or withhold their consent to the sharing of information on a patient’s behalf. As next of kin they have no rights of access to medical records.
Who is entitled to medical records in Michigan?
Foster Swift Health Care Law Report. February 2009. In 2008, the Michigan Legislature revised Michigan’s Medical Records Access Act to include “heirs at law” in the Act’s definition of an authorized representative entitled to obtain copies of a deceased patient’s medical records or autopsy reports.
Who is an heir to property in Michigan?
Michigan’s Estates and Protected Individuals Code (“EPIC”) defines an heir as the person who is entitled to the decedent’s property under the laws of intestate succession. Although the Act does not refer readers to EPIC to determine whether the requesting party is an heir at law, EPIC is an obvious place to look.
Who are the heirs to a deceased patient?
While the revised Act expanded the definition of authorized representative to now allow a deceased patient’s heirs at law access to his or her medical records and autopsy reports, the Act offers no definition of an heir at law, other than to state that it includes but is not limited to a spouse.
Who is a health care provider under Michigan Law?
MCL § 333.26263 (i) A “health care provider” under the Medical Records Access Act means a person who is licensed or registered or otherwise authorized under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, to provide health care in the ordinary course of business or practice of a health profession.