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Answers > Is Your Spouse Allowed Access to Your Medical Records Under the Hipaa Laws Without Written Consent?

Is Your Spouse Allowed Access to Your Medical Records Under the Hipaa Laws Without Written Consent?

by HIPAA on February 14, 2011

What happens when you die? Are they released to your husband or just kept somewhere?

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{ 5 comments… read them below or add one }

Diane B February 14, 2011 at 8:22 pm

No one is allowed access to your medical records without your consent. However, if you die your attorney might request them for the estate.

katrinagibson13 February 14, 2011 at 9:03 pm

I know they can’t while you are alive. I dont’ know about when a spouse dies.

kathy c February 14, 2011 at 10:00 pm

nope, not unless you are dead, then he can fill out a request stating why he needs them.

Summer February 14, 2011 at 10:09 pm

The hipaa law is put in place so therefore no invasion of privacy would be accessible to an agency or family regarding the patient without written consent of the patient. The revised hippa law states third party can not have access to your records, that includes your spouse he is a third party. You must sign an consent form in order for your records to be accessed and that consent form will list the agency or person. When you are deceased a judge can sign an order but he or she must have probably cause to do so.

vicinto March 12, 2011 at 9:09 pm

I’m American and wish we could accept universal health care here. I think it’s the only humane solution.

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