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Records Management Program <[log in to unmask]>
Date:
Sat, 13 Apr 2013 10:31:04 -0400
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Court of Appeals Rules that HIPAA Preempts Florida Law : : Privacy and
Information Security Law Blog
On April 9, 2013, the United States Court of Appeals for the Eleventh
Circuit held<http://www.huntonprivacyblog.com/wp-content/uploads/2013/04/201212593-HIPAA.pdf>that
the Health Insurance Portability and Accountability Act of 1996
(“HIPAA”) preempted a Florida law regarding the disclosure of patient
records by nursing homes. The law required nursing homes in Florida to
provide the medical records of a deceased nursing home resident to the
“spouse, guardian, surrogate, proxy, or attorney in fact,” including
“medical and psychiatric records and any records concerning the care and
treatment of the resident performed by the facility, except progress notes
and consultation report sections of a psychiatric nature.”


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Source:
http://www.huntonprivacyblog.com/2013/04/articles/court-of-appeals-rules-that-hipaa-preempts-florida-law/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+PrivacyInformationSecurityLawBlog+(Privacy+%26+Information+Security+Law+Blog)
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