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The Access to Health Records Act (AHRA) 1990 provides certain individuals with a right of access to the health records of a deceased individual.
If it is not practicable or appropriate to seek consent, and in exceptional cases where a patient has refused consent, disclosing personal information may be justified in the public interest if failure to do so may expose others to a risk of death or serious harm.
Access. Only you or your personal representative has the right to access your records. A health care provider or health plan may send copies of your records to another provider or health plan only as needed for treatment or payment or with your permission.
When the disclosure request is made under the AHRA and the patient is deceased (i.e. by a personal representative or other person who might have a claim), only records created in connection with the care of the patient are disclosable.
General Rules HIPAA provides that individuals generally have a right to access their own healthcare records.