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The HIPAA privacy regulation protects PHI of decedents in the same manner as PHI of living individuals. However, individual health information of decedents may be used or disclosed in the following circumstances to the extent allowed by Minnesota law:

1. Individual health information may be used or disclosed to provide a coroner or medical examiner with information about deaths and as necessary for coroner investigations.

2. Individual health information related to fact of death and demographic information may be disclosed to a funeral director, mortician, or other person responsible for disposition of the body. Consent of the surviving spouse or parents, person appointed in writing by the patient, or the patient's legally authorized representative is required prior to disclosing additional information.

3. Individual health information may be used or disclosed to organ procurement organizations or other entities engaged in procurement, banking or transplantation of cadaveric organs, eyes, or tissue for the purpose of facilitating organ, eye or tissue donation and transplantation. Where consent for donation is required under Minnesota law (for example, where there is not a will, drivers license designation or health care directive making the anatomical gift), consent also must be obtained to disclose individual health information to organ procurement organizations;

4. Individual health information of decedents may be used or disclosed without HIPAA authorization for research in certain circumstances. See Administrative Procedure: Using Individual Health Information of Decedents in Research for further information.