Alabama HIPAA Laws on Deceased Patients

HIPAA refers to the Health Insurance Portability and Accountability Act of 1996. This is a federal law that was designed to provide rights to patients and to protect their personal health information. Alabama citizens as well as all U.S. citizens are protected by HIPAA Laws.

Deceased's Rights

• HIPAA laws equally protect the privacy of both living and deceased patients. For example, a person living in Alabama would need authorization to access medical records of a deceased patient, just as he would need authorization to access medical records of a living patient. If a patient dies, however, the law mandates that medical facilities release patients' information to authorized individuals.

Representatives

• Patients' representatives are individuals who have been legally appointed by patients to act on their behalf. If an Alabama patient signs a HIPAA release or appoints an individual as executor of her estate, then the patient has granted that individual the legal right to serve as her personal representative. HIPAA laws would not prohibit this person from accessing the patient's medical information. If a deceased patient did not appoint a personal representative, then state law must determine who has the right to access the deceased patient's medical information.

Alabama's Provision

• The state of Alabama does not make provisions that automatically grant a deceased patient's family member the right to access patient's medical information. Alabama does make provisions for an Alabama health care provider to release a deceased patient's medical information to legally designated individuals.