What role does an executor or administrator of an estate play concerning PHI after a person's death?

What role does an executor or administrator of an estate play concerning PHI after a person's death?

• A. They have no rights to disclose PHI
• B. They can act as a personal representative
• C. Only a spouse can disclose PHI
• D. They must obtain consent from next of kin

Answer: (B)

The executor or administrator of an estate can act as a personal representative concerning protected health information (PHI) after a person's death. Under HIPAA regulations, a personal representative is an individual authorized under state law to make healthcare decisions on behalf of a deceased individual. This authority allows them to access PHI for purposes related to the administration of the deceased's estate, such as settling medical bills or addressing other healthcare-related matters. The role of a personal representative is crucial in ensuring that the deceased's medical, financial, and legal matters are appropriately handled following their passing. They can communicate with healthcare providers, access medical records, and manage any other PHI necessary to fulfill their duties. This authority is distinctly defined under HIPAA, ensuring that while the deceased individual’s privacy is upheld, there remains a means for their estate to manage necessary health information effectively.

The executor or administrator of an estate can act as a personal representative concerning protected health information (PHI) after a person's death. Under HIPAA regulations, a personal representative is an individual authorized under state law to make healthcare decisions on behalf of a deceased individual. This authority allows them to access PHI for purposes related to the administration of the deceased's estate, such as settling medical bills or addressing other healthcare-related matters.

The role of a personal representative is crucial in ensuring that the deceased's medical, financial, and legal matters are appropriately handled following their passing. They can communicate with healthcare providers, access medical records, and manage any other PHI necessary to fulfill their duties.

This authority is distinctly defined under HIPAA, ensuring that while the deceased individual’s privacy is upheld, there remains a means for their estate to manage necessary health information effectively.