Hippa violation??

[widowed]

What is the name of your state (only U.S. law)? New York
My 53 yr old husband died at home for no apparent reason in his sleep. An autopsy was done and I have been waiting for the results for over a month. I received a phone call from my sister in law stating that she received the toxicology report from the county medical examiner. I asked her why she received it and not me as his next of kin. She told me she just sent a self-addressed stamped envelope to him with my husbands birth date, death date and name.I don't know why she did that without telling me but that isn't relevant. I am flabbergasted that she could obtain a toxicology report before I have a final death certificate. I called and spoke to the medical examiner and asked him what his policy and procedure was for releasing such information. He told me that most people didn't want the info and that he only required a self addressed stamped envelope and name, b/d, d/d. I can not believe that a persons personal/ private health information can be given to anyone. I am his spouse (listed on the "pending death certificate"). The medical examiner was rude to me on the phone, judging my dead husband and was totally unprofessional in my opinion. My husbands private information was released without my consent or knowledge and I want to know what do i do now.

 

[ecmst12]

The law is HIPAA. And it applies to living people.

 

[swalsh411]

I can not believe that a persons personal/ private health information can be given to anyone.

You literally are not capable of believing this or you feel it's not right?

I want to know what do i do now.

There is nothing legally you can do except lobby to pass a law to not allow this.

It has been generally held that any rights to privacy end when you die.

edit: Why shouldn't his sister get to know how he died? Why do you have a problem with this? Her sibling died in his sleep with no obvious causes and she would like to find out why. I think your attitude is selfish. She's known him longer than you have.

 

[widowed]

First of all I have checked with the HIPPA regulations and a persons health information is still considered confidential even after death. I wish to correct the medical examiners attitude about this.
Second I don't care that my sister in law found out how he died, I just wanted to be the one notified. I was told by the funeral director that I would be notified and then I wasn't. I would have shared the information with his family. This isn't a family issue, it is about the private health information (PHI) of everyone. The law states that it can be released to other medical doctors, law enforcement, and next of kin- that was me not her or anyone else.
Your board members are rude and inconsiderate. Enjoy your miserable board

 

[swalsh411]

You say "you would have shared the information" but apparently the information was already available. Maybe the sister got tired of waiting? Maybe she didn't trust you that you would share it?

If anything, you can be mad the medical examiner for promising something and then not following through. But you have no reason to be made at them to releasing the information to the sister.

I still think you are being selfish.