Often, medical staff and sometimes their attorneys mistakenly believe that HIPAA prevents disclosure of medical records to medical examiner and coroner offices. Medical examiner and coroner government offices are not covered entities. Moreover, HIPAA specifically allows disclosure to law enforcement, public health, and medical examiner and coroners. However, state and Joint Commission requirements may further impact disclosures.
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45 CFR § 164.512—Uses and disclosures for which an authorization or opportunity to agree or object is not required. (g) Standard: Uses and disclosures about decedents—(1) Coroners and medical examiners.
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HIPAA Privacy Rule and Public Health. Guidance from CDC and the U.S. Department of Health and Human Services. MMWR. 2003;52(Supp):1–17, 19-20.
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