Disclosing Decedents' Research Results to Relatives Violates the HIPAA Privacy Rule

American Journal of Bioethics, 12(10) 16:17 (2012)

2 Pages Posted: 18 Oct 2012

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Date Written: October 1, 2012

Abstract

The target article (Chan et al. 2012) contains an interesting proposal that researchers disclose a select range of genetic test results to the relatives of deceased research participants. The proposal raises numerous ethical issues, but they are not generally dispositive. In the absence of a prior authorization by the research participant or the participant's legally authorized representative, disclosing the results of research to the family members of a deceased participant is unlawful under the HIPAA Privacy Rule.

Keywords: HIPAA, Privacy Rule,/ Research Ethics, Deceased research subjects, Disclosure, Informational Health Privacy, Health privacy

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A., Disclosing Decedents' Research Results to Relatives Violates the HIPAA Privacy Rule (October 1, 2012). American Journal of Bioethics, 12(10) 16:17 (2012) . Available at SSRN: https://ssrn.com/abstract=2163128

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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