Medical and Medical Billing Records of a Decedent
Occasionally an interested person may have a need to access the decedent’s medical and medical billing records for use in evaluating a potential wrongful death, personal injury, or survivorship action on behalf of a decedent. The estate may not yet be open. Revised Code Section 2113.032 provides a means by which “Any person who is eligible to be appointed as a personal representative of an estate under the law of this state or named as executor in a will may file an application to obtain the release of medical records and medical billing records of the decedent. The filing is made with the probate court of the Ohio county in which the decedent resided at death.
Each Application must be accompanied by a completed Form 1.0 identifying the name address and relationship of the decedent’s known surviving spouse, children, next of kin, legatees and devisees, if any.
If the Applicant is relying on the decedent’s will is the basis for the Application, a copy of the will showing the name of the nominated individual must be filed with the Application and the original must be displayed to the Court.
Unless waivers of notice are filed with the Application from all interested parties, the Court will send a copy of the Application to the interested parties and wait at least 10 days after the Application is sent before acting upon the Application. Absent waivers of notice from all interested parties the Application will be scheduled for a non-oral hearing.
The medical records case is open until the Applicant files a final status report confirming that the records have been obtained. A status report from the Applicant shall be due on the 3rd month anniversary of issuing the Entry and again at succeeding 6 months intervals thereafter, until the final status report is filed confirming the records have been obtained.
Items Necessary
The decedent must have been a Delaware County resident at death.
A certified copy of the decedent’s death certificate (the Court will make a copy and return the original).
A copy of the Applicant’s valid driver’s license or current government issued photo ID.
If the Will is the basis for the Applicant’s eligibility to apply, then the original Will (the Court will make a copy and return the original).
A completed Form 1.0 (Surviving Spouse, Children, Next of Kin, Legatees and Devisees).
The base court cost deposit of $ 73.00.
Competed applicable forms from those listed below.
Medical Records of Decedent Forms