From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Are coroner’s reports public records? The county coroner is claiming that it cannot release a report because of HIPAA. Is this true?

A: Many coroner records and reports are public. Under Pennsylvania’s Coroner’s Act, within 30 days after the end of the year, each coroner must deposit his or her official records in the prothonotary's office. At that time, the records are available for public inspection and copying.

Although in certain, limited circumstances, the Commonwealth can seek a court order "sealing" coroner's records, this is only true when the Commonwealth can and has proven, in court, that the release of the records would substantially interfere with an ongoing criminal investigation. 

HIPAA does not prohibit the Coroner from releasing these records, because the Coroner should not qualify as a "covered entity" subject to HIPAA.

In In Re Buchanan, the Pennsylvania Superior Court held that absent a compelling need, autopsy reports must be released within 30 days after end of the year, pursuant to Coroner's Act. The Court made it clear that these records are public, unless the Commonwealth files an action in court, and proves that the release of the report would substantially hinder an ongoing investigation. The burden is on the Commonwealth to file an action to seal the records (which are otherwise public) and to prove that the release of the records would, in fact, substantially hinder an ongoing investigation. The Court also made it clear that the "mere assertion" that a criminal investigation is ongoing is not sufficient to seal the records. The Commonwealth must make a specific showing that the release of the records would have a substantial negative impact on its investigation - “for example, by keeping witnesses from coming forth or preventing investigators from verifying information that they receive from informants.”

Under HIPAA, a "covered entity" may not use or disclose protected health information, except as permitted or required by the regulations. The term "covered entity" is defined to include: 1) health plans; 2) healthcare clearinghouses; and 3) healthcare providers who transmit health information in electronic form. 

A Coroner's office should not fall under any of these definitions. Accordingly, the coroner's office should not be a "covered entity" subject to HIPAA.