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Argument seems to be that patient privacy is moot because the patient's right to privacy expired when he died. From the article:

"...the state does not recognize a common law right to privacy and... any privacy right Mr. Chanko did have ended upon his death."



Just googling "HIPAA death" seems to suggest the right to privacy extends 50 years after death:

"The HIPAA Privacy Rule protects the individually identifiable health information about a decedent for 50 years following the date of death of the individual"




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