If you can prove that their patient is, in fact, deceased, and that you are the executor of their estate, probably yes. Your actual problem may be that records retention laws rarely require medical practitioners to retain inactive medical records that are that old.
The law that provides access to government records with exceptions for records with medical info is the Freedom of Information Act.
The law that provides access to government records with exceptions for records with medical info is the Freedom of Information Act.
If your hospital has your records in a database, you can access them by the help of your password.
The Privacy Rule controls the access a patient has to her own medical records.
Not legally.
Medical records are typically destroyed within 7-10 years, so it's unlikely that you could get your mother's medical records from 1997.
HIPAA allows patient access to their own medical record, with very few exceptions. Failure to pay the bill is NOT one of those exceptions.Added: HIPAA restricts and prevents the dissemination of your medical records without your knowledge and approval. There is no provision within it which allows a medical provider to hold your records "hostage" until you pay their bill.
No, you do not need an executor of estate form specifically for accessing a deceased parent's medical records. Most states have laws that allow the next of kin or a designated representative to request and access the medical records of a deceased individual. However, you may need to provide proof of your relationship and may be required to fill out certain forms or provide documentation to the healthcare provider or institution. It is best to contact the healthcare provider directly to understand their specific requirements.
Speaking to your mother's doctor is done the same way as speaking to any other doctor; you make an appointment. If it is necessary to access your mother's medical records, her doctor has access to them and can access them for you. Of course, you will have to have a legitimate reason to have access to her records. I don't know what your reason is. If you are planning a malpractice suit against your mother's doctor, then the courts can subpoena the records.
The person authorizing the release of medical records gets to determine the length of time an particular individual or entity has access to the medical records. They can also specify that they can only access certain aspects of the medical record, ie: a certain ER visit, or a certain surgery.For more information visit: www.hhs.gov/ocr/hipaa/
Contact the place where the person's medical records are kept (doctor's office or hospital). There are procedures to follow, forms to fill out and such, in order for you to access yours or someone else's medical records.