Uses and disclosures about decedents

§164.512(g) Standard: Uses and disclosures about decedents.
(1) Coroners and medical examiners. A covered entity may disclose protected health information to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. A covered entity that also performs the duties of a coroner or medical examiner may use protected health information for the purposes described in this paragraph.

§164.512(g)(2) Funeral directors. A covered entity may disclose protected health information to funeral directors, consistent with applicable law, as necessary to carry out their duties with respect to the decedent. If necessary for funeral directors to carry out their duties, the covered entity may disclose the protected health information prior to, and in reasonable anticipation of, the individual’s death.

Audit Inquiry

Are policies and procedures consistent with the established performance criterion for disclosing PHI to (1) a coroner or medical examiner; and (2) a funeral director?

Obtain and review policies and procedures related to disclosures of PHI to coroners and medical examiners and funeral directors.
Obtain and review a sample of such disclosures. Elements to consider include, but are not limited to, whether the purpose of disclosure is:
-To identify a deceased person
-To determine the cause of death.
-Authorized by law.

Information elements to consider include, but are not limited to, whether the information disclosed is limited to:
-Name of deceased person
-Cause of death
-Compliance with such law.