HIPAA

Research on Decedents

Decedents are afforded the same privacy protections as the living under HIPAA.  However, HIPAA does make exceptions in the area of research on decedents.  Research on decedents does not require any prior approvals from the IRB.  It does, however, require approval from the covered entity.  The covered entity is also free to impose additional restrictions on access to information about decedents according to its own internal policies.  The requirements on the investigator are, from §164.512(i)(1)(iii) Research on Decedents:

The covered entity obtains from the researcher:

1. Representation that the use or disclosure sought is solely for research on the protected health information of decedents;

2. Documentation, at the request of the covered entity, of the death of such individuals; and

3. Representation that the protected health information for which use or disclosure is sought is necessary for the research purposes.

Research on Decedents Form  This form does not require IRB review and may be presented directly to the covered entity from which you are seeking protected health information to conduct research on decedents.

This material is designed for internal University at Buffalo use only and is copyrighted.  Information and documents available on this site may be freely copied and used with appropriate attribution to the University at Buffalo.  None of the information on these pages should be construed as legal advice or expert opinion with respect to how any particular function or entity engages in work to come into compliance with HIPAA.
Last updated: July 28, 2009.  Privacy Policy