HIPAA Privacy - Uses and Disclosures about Decedents 164.512(g)

Overview:
§164.512(g)
Standard: Uses and disclosures about decedents.
(1) Coroners and medical examiners. A covered entity may disclose protected health information to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. A covered entity that also performs the duties of a coroner or medical examiner may use protected health information for the purposes described in this paragraph.

§164.512(g)(2)
Funeral directors
A covered entity may disclose protected health information to funeral directors, consistent with applicable law, as necessary to carry out their duties with respect to the decedent. If necessary for funeral directors to carry out their duties, the covered entity may disclose the protected health information prior to, and in reasonable anticipation of, the individual's death.

Action Items:
1) Obtain and review policies and procedures related to disclosures of PHI to coroners and medical examiners and funeral directors.
2) Obtain and review a sample of such disclosures. Elements to consider include, but are not limited to, whether the purpose of disclosure is:
- To identify a deceased person
- To determine the cause of death.
- Authorized by law.

Related Documents:
1) Policies and procedures related to disclosures of PHI to coroners and medical examiners and funeral directors.
2) Sample of such disclosures.

Additional Guidance:
Covered entities may disclose protected health information to funeral directors as needed, and to coroners or medical examiners to identify a deceased person, determine the cause of death, and perform other functions authorized by law.