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What about research involving PHI about decedents?

The Privacy Rule provides protections to living and deceased individuals. To use decedents’ PHI for research purposes, a researcher must provide all of the following:

  1. Representation that the use or disclosure is solely for research involving the PHI of decedents (e.g., and not also the living relatives of decedents)
  2. Representation that the PHI is necessary for the research
  3. Documentation (at the request of the covered entity holding the PHI) of the death of the individuals whose PHI is sought.

Note: If the participant population contains both living and deceased individuals, the requirements for Authorization (or waiver or alteration) apply.

 


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