New York  |  Health Care Law

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8/25/08, 12:43 pm

Legal Question


Medical Records of an Expired Parent

Daughter of a Resident who expired back in April 2008 is calling asking to get copies of her fathers record. When reviewing the record it indicates that the Residents significant other is the designated rep; the son tells Physician that he is the HCP, and there is no mention of the Daughter who is contacting us today that she has permission or access to these records.

There is also, no paperwork showing the son is HCP or the Sig Other.

In this case, the Daughter has contacted a lawyer who asked her to get copies of his records ($$) perhaps for the Daughter/who states he shouldn’t have died.

I would think that after death, if there is no evidence of HCP or Executorship that the Daughter needs to get a “Court Order” requesting the records. This is New York State. Please advise. Thanks.


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