Genealogical Records

Montana State Hospital (MSH) maintains protected health information in accordance with the federal Health Insurance Portability and Accountability Act (HIPAA). MSH is a covered entity under HIPAA, and must comply with HIPAA and Montana law with respect to the Protected Health Information (PHI) of a deceased individual.

HIPAA 45 CFR 164.502 (g)(4) states “If under applicable law an executor, administrator or other person has authority to act on behalf of a deceased individual or of the individual’s estate, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.”

Montana Codes Annotated 50-16-804 states “A personal representative of a deceased patient's estate may exercise all of the deceased patient's rights under this part. If there is no personal representative or upon discharge of the personal representative, a deceased patient's rights under this part may be exercised by the surviving spouse, a parent, an adult child, an adult sibling, or any other person who is authorized by law to act for the deceased person.”

HIPAA 45 CFR 164.514 (h) requires MSH verify both the identity of the person requesting PHI and and his or her authority to access the PHI. If the former patient is deceased, the person requesting the PHI must show documentation proving the "representative" is the executor or administrator of the estate of the deceased. If there is no personal representative the requesting person must provide supporting evidence of kinship as the surviving spouse, parent, adult child, adult sibling, or individual otherwise authorized by law to act for the deceased person.

Requesting Genealogical Records

The requesting individual must provide:

• Completed Request for Release of Deceased Individual's Archived Records form
• Documentation stating legal authority for access*
• Copy of requesting individual's photo ID

*Examples of acceptable documentation stating legal authority include:

• Copy of the court order establishing the executor, administrator, personal representative, or authority to act on behalf of the deceased person
• Copy of birth and death certificates identifying next of kin
• Copy of the deceased individual’s obituary identifying next of kin
• Marriage certificate and proof (e.g., a letter from clergy) stating marriage was still in effect at time of death
• Any other legal documentation that establishes kinship

Download the Request For Release of Deceased Individual's Archived Records form. 

Mail requests and supporting documentation to:

HEALTH INFORMATION DEPT

MONTANA STATE HOSPITAL

PO BOX 300

WARM SPRINGS, MT 59756