[Sample] Letter Requesting Medical Records of Deceased Parent

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[Sample] Letter Requesting Medical Records of Deceased Parent


According to the Health Insurance Portability and Accountability Act, medical records are rigorously secured. HIPAA ensures that confidential information is kept in its original form and cannot be unlawfully shared or utilized. 

Everyone has a right to privacy up to 50 years after their death, according to HIPAA standards.

The medical history of a dead individual often contains details that may be used to make predictions about a variety of things, including inherited illnesses. 

We have the answer if you're seeking an example letter to ask for a parent's medical information who has passed away.

Your Right To Access Health Information Under HIPAA

Everyone has the right and is wise to review medical records. It enables individuals engaged to update any pertinent details that could have an impact on your treatment. 

It's also crucial to have an example letter asking for a parent's medical information since it will help you understand what you need.

Any companies covered by the expansive HIPAA law are obligated to provide people with access to their loved ones' protected health information upon request, by 45 CFR Section 164.525. 

According to the law, you have the right to get a copy of your loved one's medical records, examine them, and tell your healthcare practitioner where to send the copy of the documents.

Methods for Obtaining Electronic Copies of Your Medical Records

It is crucial to have access to your information and the medical data of your loved ones. 

You must submit a request using your provider's web portal to get electronic copies of an example letter asking for medical records of dead parents. As an alternative, you might submit a written request.

When you ask for your loved ones' medical data, there are many prerequisites. They consist of:
  • completing various forms
  • presenting the records department with the necessary legal documentation
  • having a healthcare and financial power of attorney that gives you access to their medical records
  • Be their estate's executor (or get permission from the executor of their estate)
  • documentation demonstrating your connection to them

The Reasons You Might Need a Copy of Your Deceased Parents' Medical Records

There are several reasons why you may need the parent's medical records, including:
  • Genetic prognosis and hereditary diseases: If you think your problem is congenital and no one else can confirm it for you, you might ask for the medical records of your dead parents.
  • If your dead parent left behind a living will that states you are entitled to see their medical records, your healthcare provider is obligated to release them to you.

How Much Does It Cost To Get A Deceased Parent's Medical Records?

The View to Health Records Act was updated to make it free to access the medical records of those who have passed away after the introduction of GDPR.

What Sorts of Medical Records Can't Be Released?

In the following circumstances, a provider may restrict access to a patient's medical records:
  • include details found in a current legal dispute
  • possess knowledge that might directly hurt people involved
  • Instead of a diagnosis, psychotherapy notes describe the dead person's impressions
  • Their evaluation, diagnosis, and/or treatment for HIV/AIDS
  • Information on sexual assault
  • Information on STDs and venereal diseases
  • Treatment for drug and alcohol abuse
  • How to Request Your Own Medical Records
  • You may get the medical records of your dead parent by:

Sending a letter of request

Requesting copies of your loved one's medical records in person at the hospital
Within a few business days of receiving your request, the hospital will respond with copies. 

One approach to accomplish it is to ask for copies of your parent's medical records. 

The legal requirements and technical complications of obtaining your loved one's medical data, however, may easily make you dissatisfied.

You must, for instance, provide power of attorney and explain your bond. If the hospital was far away, all of these processes may hurt your finances as well as your mental and emotional health.
[Date]

(Use the above-described regional office address.)

Dear :

I'm asking for access to [name the documents as precisely and explicitly as you can] under the Freedom of Information Act, 5 U.S.C. § 552.

Pick either option A or B.

A. I have been given permission to represent _____________ as the personal representative (e.g., executor, administrator).

Name of the decedent for whose records you are requesting I have a copy of the official paperwork (such as a probate court document, orders of the administration and/or executorship, or letters testamentary) that certifies my legal standing.

OR

B. Because I am not the personal representative of the estate, I have enclosed a signed release authorization from the representative of the decedent's estate along with a copy of the document verifying the representative's legal capacity to act (such as a document from the probate court, orders of the administration and/or executorship, letters testamentary, etc.).

[Optional] For this request, I am ready to pay costs up to a maximum of $. Please let me know ahead of time if you anticipate that the fees will go above this cap.

[Optional] By 45 C.F.R. 5.45 of the Department's FOIA rules, I seek a waiver of all costs or a reduction of all fees. [Include particulars.]

[Optional] I request that my request be processed quickly because. [Include facts about your "compelling need" in specifics.]

[Optional] I would want to obtain the information I'm looking for on a personal computer disc [or a CD-ROM] and ask that it be supplied to me in electronic format.

[Optional] You may reach me at [enter home, workplace, or cell phone] if you have any questions regarding how to handle this request.

Sincerely,

[Name]

Related: [4 Samples] Letter Notifying Patients Physician Leaving Practice


Who Can Get Access to Medical Records When Someone Dies? 

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