Family member is responsible for notifying the IHS
Indian Health Service Headquarters
5600 Fishers Lane, Rockville, MD 20857
IHS Area Offices (12 regional offices)
HIPAA Privacy / Health Information Management
Processing time varies by facility. HIPAA requires covered entities to act on records requests within 30 days, with one 30-day extension allowed if written notice is given to the requester (45 CFR 164.524(b)(2)). Tribal and urban programs operate under their own internal timelines but generally follow HIPAA standards.
When someone dies, the Indian Health Service (IHS) must be notified. The family member is responsible for notifying the IHS.
Notification deadline: No deadline. Medical record requests can be made at any time after death; HIPAA protections for the deceased extend for 50 years from the date of death (45 CFR 164.502(f))..
Steps for notifying the IHS and applying for survivor benefits:
Processing time varies by facility. HIPAA requires covered entities to act on records requests within 30 days, with one 30-day extension allowed if written notice is given to the requester (45 CFR 164.524(b)(2)). Tribal and urban programs operate under their own internal timelines but generally follow HIPAA standards.
The personal representative of a deceased IHS patient may request copies of the patient's medical records held by an IHS facility, tribal health program, or urban Indian health program. Records are commonly needed for probate inventories, life insurance claims, VA survivor benefit applications (for AI/AN veterans), wrongful-death litigation, and family medical history. Records are requested from the specific facility where care was received, not from IHS headquarters. There is no IHS-wide records system — each Area, facility, and tribal/urban program holds its own records.
Eligibility: The personal representative (executor or administrator) named in a probate court order. A surviving spouse or next of kin may also qualify in some circumstances under state law and HIPAA's personal representative rules (45 CFR 164.502(g)(4)). Family medical history may be released to a relative even without personal representative status if the records pertain to that relative's own health.
How to apply: Complete Form IHS-810 (Authorization for Use or Disclosure of Protected Health Information) and submit it to the IHS facility, tribal health program, or urban Indian health program where the deceased received care. Include certified copy of the death certificate and court documentation showing your appointment as personal representative.
Learn more →No. IHS does not maintain a central death registry and does not pay cash survivor benefits, so there is no separate death notification process to start. The funeral home reports the death to the Social Security Administration, which propagates the information through federal systems. Where families typically engage with IHS after death is to obtain copies of the decedent's medical records.
Under HIPAA, the personal representative of a deceased individual has the same authority to access protected health information as the patient would have had in life (45 CFR 164.502(g)(4)). For most estates, this is the executor or administrator named in the probate court order. A surviving spouse, next of kin, or another family member may also qualify in limited circumstances under state law.
HIPAA's privacy protections for medical records extend for 50 years from the date of death (45 CFR 164.502(f)). After 50 years, the records are no longer considered protected health information under HIPAA, though state law and the holding facility's own policies may still control access.
Form IHS-810 (Authorization for Use or Disclosure of Protected Health Information) is the standard IHS authorization form for releasing medical records. It is HIPAA-compliant and is required for any release of protected health information, including releases requested by a personal representative after the patient's death. The form is available at ihs.gov/forpatients/patientforms/ and carries OMB Number 0917-0030.
No. Tribal trust assets, Individual Indian Money (IIM) accounts, and tribal probate are administered by the Bureau of Indian Affairs (BIA) within the U.S. Department of the Interior — a separate agency from IHS. IHS handles healthcare and medical records; BIA handles trust property and probate of trust assets.
Yes, for American Indian and Alaska Native veterans. IHS medical records can document service-connected conditions, treatment history, and cause-of-death factors that are relevant to VA Dependency and Indemnity Compensation (DIC) claims, accrued benefits claims, and other VA survivor benefits. Request the records from the IHS facility, then submit them to the VA as part of the survivor benefit application.
After completing the notification process, eligible survivors can apply for 1 benefit through the IHS. Each benefit has its own eligibility requirements and application process.
Keep copies of all documents submitted to the IHS. Original documents submitted for verification are typically returned after processing.
Indian Health Service Headquarters
5600 Fishers Lane, Rockville, MD 20857
IHS Area Offices (12 regional offices)
HIPAA Privacy / Health Information Management
Processing time varies by facility. HIPAA requires covered entities to act on records requests within 30 days, with one 30-day extension allowed if written notice is given to the requester (45 CFR 164.524(b)(2)). Tribal and urban programs operate under their own internal timelines but generally follow HIPAA standards.