Who Can Obtain Medical Records After the Death of a Hospital Patient in Florida?

Following the death of a hospital patient, the family members of the deceased may have questions regarding the death and wish to see a copy of their deceased family member’s medical records.  Pursuant to Florida Statute §395.3025, “any licensed [medical] facility shall, upon request” provide a copy of the deceased patient’s medical records to the Personal Representative of the deceased patient.[i]  This Florida law is consistent with HIPAA (Health Insurance Portability and Accountability Act) which states that if a person “has authority to act on behalf of a deceased individual or of the individual’s estate,” such person shall have access to the medical records of the deceased.[ii] Under the Florida law, if a Personal Representative has not been appointed, the “next of kin” may request the medical records.  The next of kin is generally the closest living relative of the deceased such as a spouse or a child.  This statute does not provide for the release of medical records regarding psychiatric care[iii] or addiction treatment programs and provides that anyone receiving copies of the medical records may not disclose the records to others.[iv]If you have questions about how to obtain the medical records of a deceased family member, contact Bonner Law at 305-676-8800 for a free consultation. We have over 30 years of experience representing patients and healthcare providers in medical malpractice litigation.

• §395.3025(1), Fla. Stat.
• 45 C.F.R. 164.502(g)(4)
• §395.3025(2), Fla. Stat.
• §395.3025(7)(a), Fla. Stat.