Subject: New CoE-PHI Resource Available: Privacy Protections for Deceased Patients

New Resource Available:

Privacy Protections for Deceased Patients

This resource describes the key privacy protections for deceased patients' treatment records under 42 CFR Part 2 and the way these protections interact with similar provisions in the HIPAA Privacy Rule.

Key Points

  • Both HIPAA and Part 2 generally protect the privacy of individuals after their death to the same extent as during their life.

  • Part 2 permits disclosures of information identifying a deceased patient as seeking or receiving treatment for substance use with written consent, including with a special consent provision for deceased patients.

  • A deceased patient's Part 2 records may be released without consent in limited circumstances.

For More Information


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This resource was supported by SAMHSA of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award with 100% funded by SAMHSA/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by SAMHSA/HHS, or the U.S. Government.


Funded by SAMHSA, the CoE-PHI develops and disseminates resources, training, and TA for states, healthcare providers, school administrators and individuals and families to improve understanding and application of federal privacy laws and regulations, including FERPA, HIPAA, and 42 CFR Part 2, when providing and receiving treatment for substance use and mental health.


Resources, training, technical assistance, and any other information provided through the CoE-PHI do not constitute legal advice.