HIPAA Blog

[ Monday, December 12, 2011 ]

 

Florida Law HIPAA preemption: A Florida federal district court has ruled that a Florida statute that requires nursing homes to provide copies of a former resident's medical records to spouses, guardians, proxies and attorneys upon request is preempted by HIPAA. In Opis Management v. Dudek, the court ruled that the Florida statute requires the disclosure, but HIPAA prevents it (inless the spouse, guardian, etc. is a "personal representative" of the former resident). Via BNA (subscription required).

Jeff [6:29 PM]

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