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Estates, Trustees, &appropriate safeguards
I searched the archive, and reread S1360 but I find no mention of
these questions that concern me..
If a private practice doctor dies, or if a health trustee
company goes bankrupt, what happens to the protected health
records in their possession?
An executor of an estate or a bankruptcy trustee can't be assumed
to be a health professional at all.
An eventual purchaser of the personal property of a
no-longer-existent health information trustee might be
enjoined from further disclosing information but if they
own the files can the be prevented from reading them
and acting on the information.
Perhaps Operation Rescue might like to bid on the property
of defunct abortion clinics.
Let me pose an extreme but nevertheless likely scenario. Dr.
X dies. His files are disposed of properly, but the executor
is unaware of the computerized version on the doctor's PC.
The PC is sold to a scrap dealer at auction, who in turn
sells the hard disk at a computer flea-market. How does
S1360 encumber the purchaser of that hard disk with liability
if he misuses the information? What if the purchaser lives
Given the number of Dr. X's dying, and the number of PCs, and
the computer illiteracy of most potential executors and trustees,
this scenario is probably repeated dozens of times per year
A second question. Section 111 says the trustee shall establish
and maintain "appropriate" [safeguards]. Who judges appropriate?
Dick Mills +1(518)395-5154 O- http://www.pti-us.com
AKA firstname.lastname@example.org http://www.albany.net/~dmills