Estates, Trustees, &appropriate safeguards

[rj.mills@pti-us.com (Dick Mills)]

  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
  in Iran?
  
  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
  nationally.
  
  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 dmills@albany.net      http://www.albany.net/~dmills