Will HIPAA protect deseased mental health patients?

HIPPA, the Health Insurance Portability and Accountabilty Act, protects the release of personal health information. In Nevada a mental health cemetery is filled with hundereds of patients buried in unmakred graves. A historical society asked the psychiatric institution the names of these people, but the institution wouldnt let up becasue of HIPAA. This case was taken to court. Who do think would win and why?