222k views
3 votes
Nancy has asked the health care facility for a copy of her grandmother's health record. Her grandmother died 20 years ago. Nancy is not the executor of the estate, and she does not want to ask her aunt who is for permission. Select the appropriate response to Nancy.

a. "Since you are a descendant, please sign this release."
b. "You cannot access your grandmother's health record, as she has the right of privacy for 50 years after her death or her 100th birthday."
c. "You cannot access your grandmother's health record until she has been deceased for 25 years."
d. "You cannot access your grandmother's health record as she has the right of privacy for 50 years after her death."

User Nsndvd
by
8.6k points

1 Answer

5 votes

Final answer:

Nancy does not have the legal right to access her grandmother's health records as she is neither the executor of the estate nor has the permission of her aunt who is. Legal and ethical considerations regarding privacy continue to protect health records after death.

Step-by-step explanation:

The access to health records after the death of a patient is a sensitive issue that must take into account various legal and ethical considerations. Unfortunately for Nancy, as she is not the executor of her grandmother's estate and does not wish to involve her aunt who is, she may not be entitled to access the health records. The actual laws regarding the release of health records after a patient's death can vary depending on the jurisdiction; however, they generally continue to protect the right of privacy even after death, sometimes for a period extending many years or depending on the deceased's date of birth.

Given that health institutions are bound by laws such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States, which governs the privacy of medical records, the appropriate response to Nancy would depend on these regulations. Typically, a representative of the deceased's estate or next of kin would have the authority to request such information. Without the approval of the authorized person, or if the stipulated timeframe post-mortem during which privacy rights are maintained has not elapsed, Nancy would not have the legal right to obtain her grandmother's health records.

User Vladimir Salin
by
8.5k points