Uses and disclosures when the individual is deceased

§164.510(b) Standard: Uses and disclosures for involvement in the individual’s care and notification purposes (5) Uses and disclosures when the individual is deceased. If the individual is deceased, a covered entity may disclose to a family member, or other persons identified in paragraph (b)(1) of this section who were involved in the individual’s care or payment for health care prior to the individual’s death, protected health information of the individual that is relevant to such person’s involvement, unless doing so is inconsistent with any prior expressed preference of the individual that is known to the covered entity.

Audit Inquiry

Does the covered entity disclose the PHI of deceased individuals in accordance with the established performance criterion?
Obtain and review policies and procedures related to documenting the individual’s prior expressed preference and relationship of family members and other persons to the individual’s care or payment for care, consistent with the established performance criterion.
Note: any information that would otherwise constitute PHI of a decedent under §160.201 ceases to be PHI 50 years after the death of the decedent.