Legal Question in Health Care Law in New York

Medical Records of an Expired Parent

Daughter of a Resident who expired back in April 2008 is calling asking to get copies of her fathers record. When reviewing the record it indicates that the Residents significant other is the designated rep; the son tells Physician that he is the HCP, and there is no mention of the Daughter who is contacting us today that she has permission or access to these records.

There is also, no paperwork showing the son is HCP or the Sig Other.

In this case, the Daughter has contacted a lawyer who asked her to get copies of his records ($$) perhaps for the Daughter/who states he shouldn�t have died.

I would think that after death, if there is no evidence of HCP or Executorship that the Daughter needs to get a �Court Order� requesting the records. This is New York State. Please advise. Thanks.


Asked on 8/25/08, 12:43 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Medical Records of an Expired Parent

Once the individual dies, the Health Care Proxy and any powers of attorney dies with him/her.

In order to get the medical records you must have someone in authority. This could be either an executor/executrix or administrator/administratrix.

No one else has the authority to ask for the medical records.

If you should receive a request for medical records

it should be accompanied by an order of surrogate's court appointing an individual an executor or administraor (or their female counterpart using "rix"

Otherwise, if you release these medical records without authority from Surrogate's Court, you would be violating HIPPA Laws.

I do think that they are setting you up for a lawsuit.

Don't forget to get your money in advance if they have proper authorization. You can charge for these records.

If you should need any further information, please feel free to contact me.

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Answered on 8/25/08, 3:20 pm


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