4) Update 45 CFR 160.103, paragraph (2)(iv) of the definition of “protected health information”, regarding members medical/mental health records after their death.
a) to include open access to spouse, immediate family, any family member if none of the previous mentioned exist or members with a Power of Attorney if none of the previous exist or by direction of the previously mentioned .
b) require record maintenance from 10 years to match the 50 year requirement.
The spouse or family members, immediate or otherwise, have a right to such information to determine if the care being provided led to or was a contributing factor in the death of their loved one. Such as in the incident surrounding the recent suicide of John Toombs at the Murfreesboro, TN VA.