After a person dies, a properly appointed personal representative of the deceased person's estate may obtain copies of or authorize a health care provider to release copies of deceased person's medical records.
However, according to Hawaii Revised Statutes Section 622-57, if a personal representative has not been appointed, then the deceased person's "next of kin" may obtain copies or authorize a health care provider to release copies of the deceased person's medical records subject to a couple exceptions. The deceased person's "next of kin" is defined in this order: 1) The spouse or reciprocal beneficiary; 2) An adult child; 3) Either parent; 4) An adult sibling; 5) A grandparent; and 6) A guardian at the time of death. Only the person who has superseding priority may make a request for the deceased person's medical record. A person claiming to be "next of kin" must submit to the medical provider an affidavit attesting to their status of "next of kin". A person has superseding priority when all kin ranked higher in the order above are deceased or incapacitated. Proof of the higher ranking kin being deceased or incapacitated will likely have to be provided. The medical provider may rely upon the affidavit and, in doing so, will be immune from any claims relating to the release of the medical records. |
AuthorSamuel K.L. Suen is an attorney based in Honolulu, Hawaii specializing in estate planning, probate, conservatorship and guardianship matters. Archives
January 2017
Categories
All
DISCLAIMER: All content and information is provided by The Law Office of Samuel K.L. Suen, LLLC and is for general informational and discussion purposes only and does not constitute legal advice. Transmission of this information is not intended to create, and receipt does not constitute, a formation of an attorney-client relationship. The information presented at this site is believed to be accurate when made, but may not be complete, is not updated, reviewed or revised on a regular basis. No representations or warranties whatsoever, express or implied, are given as to the accuracy, applicability or validity of the information contained herein. The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances. You should not act or rely on this information without consulting with a licensed attorney.
To ensure compliance with requirements imposed by the IRS, please note that any U.S. federal tax advice contained herein is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained herein.
Copyright © 2020 Law Office of Samuel K.L. Suen, A Limited Liability Law Company. All Rights Reserved.
|