goalie wrote:Snowgun wrote:
Is HIPPA an issue if you are dead?
Yes, it is. A big one.
Think of it this way: I am at work. They call a Dr Blue. I go to the room with the rest of the code team. We work on someone for a while, they die. The person is famous.
**THEY ARE NOW DEAD** I go talk to the media about why they died (maybe the Dr Blue was called due to an overdose of illegal meds smuggled in by a friend), what happened during the code, etc.... I start my new job as a nursing assistant in a nursing home because I just lost my license.....
Get the point?
To use your example, every time a celebrity dies the coroner reports the findings. Is that not a release of info buddy? Think Michael Jackson, Heath Ledger, etc. I don't see anyone screaming HIPAA there. I think the waters are murkier here than you think....Medical examiners, funeral directors, executors of the estate, family members, researchers, etc can get their hands on the info....
And autopsy records are public. Since the question as to the shooting might be intricately linked to her condition ( Had schizophrenia - was shot, just like had widowmaker blockage, had Infarction) this might legally see the light of day...
From one
source:
You may disclose PHI to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or complying with other duties as authorized by law. No prior consents or authorizations are required. Note that psychotherapy notes may be released without authorization to a coroner or medical examiner.
If you suspect that a death resulted from criminal conduct, you can disclose PHI about the deceased individual to a law enforcement official to alert the authorities to the death.
Get the point?