6 comments on “HIPAA ‘Protected Health Information': What Does PHI Include?”

  1. Can nurse contact me and then go and tell her daughter that she talked to me because her daughter is in love with my son and I moved my family to another state and she wanted to no if she bring my records to me.

    1. Did the daughter know beforehand where you moved to? As long as no protected health information was given to the daughter that she didn’t already know from your son such as your name, address, etc. Then, it’s OK I would think. But I’m no expert so don’t quote me. I do have an issue however with using her daughter to deliver your records. She could easily open them and read them. They should essentially be mailed to you with a signature request of receipt.

  2. How can my parents get my brothers medical records from his primary care doctor here in Oklahoma? Do we need to have a certain form to get medical records of my deceased brother? We are needing records for a wrongful death suit against his wife and need brothers medical records? Do you have a standard form so we can get court to let us get records?

    1. We don’t have a form we can share for this. Your lawyer should be able to provide some guidance on how to go about obtaining the records. Sorry for your loss.

  3. Is the fact that a patient has died protected health information? Can a clinician notify other staff of the patient’s death by name via text message?

    1. Tom, yes this is protected health information. Additionally, deceased individuals PHI is protected for 50 years after their death.

      There are a few exceptions, however. Notification to law enforcement, coroners, organ procurement organizations are exempt. HHS provides some specific guidance on these exemptions here.

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