Not exact matches
Comment: Several commenters urged that the proposed standard for
deceased individuals be clarified to allow access by a family member who has demonstrated a legitimate health - related reason for seeking the information when there is no executor,
administrator, or other person authorized under applicable law to exercise the right
of access
of the
individual.
During the two - year time frame, we proposed in the definition
of «
individual» that the right to control the
deceased individual's protected health information would be held by an executor or
administrator, or other person (e.g., next
of kin) authorized under applicable law to act on behalf
of the decedent's estate.
If under applicable law an executor,
administrator, or other person has authority to act on behalf
of a
deceased individual or
of the
individual's estate, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.