Callers to CAP's Hotline have asked the following questions related to interactions with the coroner and we thought all of our readers would appreciate the answers.
Q: The coroner's office called requesting records of a former patient. Can we release the records, or is that a violation of HIPAA?
A: Heath care providers must disclose information to the coroner for the purpose of identifying the decedent, locating next of kin, or investigating a death that may involve a crime. Verify the caller's identity by asking that he or she fax over a written request, on official letterhead, with name, title, and address. You can then cooperate with the coroner, per your duty under the law, knowing you acted with due diligence to confirm the identity of the requesting party.
Q: When does the coroner need to be notified?
A: Physicians are responsible to immediately notify the coroner by telephone of any death resulting from certain causes, as defined in California Government Code § 27491 including, in part:
- Violent, sudden or unusual deaths;
- Unattended deaths;
- Death where deceased has not been attended by physician or registered nurse (who is member of hospice team) in the 20 days before death;
- Deaths under circumstances to suspect the death was caused by the criminal act of another person.
Q: When must a coroner, rather than the physician, complete the medical and health sections of a death certificate?
A: In some circumstances, such as violent or unusual deaths, the coroner, not the "last in attendance" physician, must complete the certificate and confirm the time of the death in the medical and health section of the certificate. In those cases, if the coroner determines that the physician has sufficient knowledge to reasonably state the cause of a death occurring under natural circumstances, the coroner may authorize that physician to sign the certificate of death.
Authored by
Georgia McCullough, RN, JD
Senior Risk Management & Patient Safety Specialist
If you have questions about this article, please contact us. This information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.