Ector County has recently, by decree of the Commissioner's Court, created the office of County Medical Examiner. Previously this function was handled by the County Hospital, but they decided to bow out and return the responsibility to the county. The investigator of the medical examiner, who is a licensed peace officer, is presently the only employee of the medical examiner's office. The actual medical work will be contracted out. The problem that has arisen is the hospital now using HIPAA as the basis for refusing the investigator access to pertinent medical records pertaining to investigations. When the hospital was running the medical examiner's office, access was not limited.

My reading of HIPAA (45 CFR 164.512) seems to indicate that the covered entity (the hospital) is permitted to disclose protected health information concerning victims and decedents so long as it is for legitimate law enforcement investigative purposes.

Has any other county experienced this situation? If so, what was your solution, absent having to go through the subpoena process each and every time?

I would like to have all of my bases covered before approaching the hospital administration.

Thanks
DJ