Florida Senate - 2013                                     SB 228
       
       
       
       By Senator Flores
       
       
       
       
       37-00284-13                                            2013228__
    1                        A bill to be entitled                      
    2         An act relating to presuit discovery in medical
    3         negligence actions; amending s. 766.1065, F.S.;
    4         revising the authorization form for release of
    5         protected health information which clarifies that the
    6         authorization only permits health care providers to
    7         furnish copies of written and electronic medical
    8         records; clarifying provisions in the authorization
    9         form which relate to the use of the patient’s health
   10         information; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 766.1065, Florida Statutes, is amended
   15  to read:
   16         766.1065 Authorization for release of protected health
   17  information.—
   18         (1) Presuit notice of intent to initiate litigation for
   19  medical negligence under s. 766.106(2) must be accompanied by an
   20  authorization for release of protected health information in the
   21  form specified by this section, authorizing the disclosure of
   22  protected health information that is potentially relevant to the
   23  claim of personal injury or wrongful death. The presuit notice
   24  is void if this authorization does not accompany the presuit
   25  notice and other materials required by s. 766.106(2).
   26         (2) If the authorization required by this section is
   27  revoked, the presuit notice under s. 766.106(2) is deemed
   28  retroactively void from the date of issuance, and any tolling
   29  effect that the presuit notice may have had on any applicable
   30  statute-of-limitations period is retroactively rendered void.
   31         (3) The authorization required by this section shall be in
   32  the following form and shall be construed in accordance with the
   33  “Standards for Privacy of Individually Identifiable Health
   34  Information” in 45 C.F.R. parts 160 and 164:
   35  
   36                    AUTHORIZATION FOR RELEASE OF                   
   37                    PROTECTED HEALTH INFORMATION                   
   38  
   39         A. I, (...Name of patient or authorized
   40         representative...) [hereinafter “Patient”], authorize
   41         that (...Name of health care provider to whom the
   42         presuit notice is directed...) and his/her/its
   43         insurer(s), self-insurer(s), and attorney(s) may
   44         obtain and disclose (within the parameters set out
   45         below) the protected health information described
   46         below for the following specific purposes:
   47         1. Facilitating the investigation and evaluation
   48         of the medical negligence claim described in the
   49         accompanying presuit notice; or
   50         2. Defending against any litigation arising out
   51         of the medical negligence claim made on the basis of
   52         the accompanying presuit notice.
   53         B. This authorization only permits health care
   54         providers to furnish copies of written and electronic
   55         records. This authorization may not be construed to
   56         allow a health care provider to have any other
   57         communications, discussions, or conversations
   58         regarding the Patient’s health information.
   59         C. The health information authorized to be
   60         obtained, used, or disclosed extends to, and includes,
   61         the verbal as well as the written and is described as
   62         follows:
   63         1. The health information in the custody of the
   64         following health care providers who have examined,
   65         evaluated, or treated the Patient in connection with
   66         injuries complained of after the alleged act of
   67         negligence: (List the name and current address of all
   68         health care providers). This authorization extends to
   69         any additional health care providers that may in the
   70         future evaluate, examine, or treat the Patient for the
   71         injuries complained of.
   72         2. The health information in the custody of the
   73         following health care providers who have examined,
   74         evaluated, or treated the Patient during a period
   75         commencing 2 years before the incident that is the
   76         basis of the accompanying presuit notice.
   77  
   78         (List the name and current address of such health care
   79         providers, if applicable.)
   80  
   81         D.C. This authorization does not apply to the
   82         following list of health care providers possessing
   83         health care information about the Patient because the
   84         Patient certifies that such health care information is
   85         not potentially relevant to the claim of personal
   86         injury or wrongful death that is the basis of the
   87         accompanying presuit notice.
   88  
   89         (List the name of each health care provider to whom
   90         this authorization does not apply and the inclusive
   91         dates of examination, evaluation, or treatment to be
   92         withheld from disclosure. If none, specify “none.”)
   93  
   94         E.D. The persons or class of persons to whom the
   95         Patient authorizes such health information to be
   96         disclosed or by whom such health information is to be
   97         used:
   98         1. Any health care provider providing care or
   99         treatment for the Patient.
  100         2. Any liability insurer or self-insurer
  101         providing liability insurance coverage, self
  102         insurance, or defense to any health care provider to
  103         whom presuit notice is given regarding the care and
  104         treatment of the Patient.
  105         3. Any consulting or testifying expert employed
  106         by or on behalf of (name of health care provider to
  107         whom presuit notice was given) and his/her/its
  108         insurer(s), self-insurer(s), or attorney(s) regarding
  109         the matter of the presuit notice accompanying this
  110         authorization.
  111         4. Any attorney (including secretarial, clerical,
  112         or paralegal staff) employed by or on behalf of (name
  113         of health care provider to whom presuit notice was
  114         given) regarding the matter of the presuit notice
  115         accompanying this authorization.
  116         5. Any trier of the law or facts relating to any
  117         suit filed seeking damages arising out of the medical
  118         care or treatment of the Patient as stated in the
  119         presuit notice of intent to which this authorization
  120         is attached.
  121         F.E. This authorization expires upon resolution
  122         of the claim or at the conclusion of any litigation
  123         instituted in connection with the matter of the
  124         presuit notice accompanying this authorization,
  125         whichever occurs first.
  126         G.F. The Patient understands that, without
  127         exception, the Patient has the right to revoke this
  128         authorization in writing. The Patient further
  129         understands that the consequence of any such
  130         revocation is that the presuit notice under s.
  131         766.106(2), Florida Statutes, is deemed retroactively
  132         void from the date of issuance, and any tolling effect
  133         that the presuit notice may have had on any applicable
  134         statute-of-limitations period is retroactively
  135         rendered void.
  136         H.G. The Patient understands that signing this
  137         authorization is not a condition for continued
  138         treatment, payment, enrollment, or eligibility for
  139         health plan benefits.
  140         I.H. The Patient understands that information
  141         used or disclosed under this authorization may be
  142         subject to additional disclosure by the recipient and
  143         may not be protected by federal HIPAA privacy
  144         regulations.
  145  
  146         Signature of Patient/Representative: ....
  147         Date: ....
  148         Name of Patient/Representative: ....
  149         Description of Representative’s Authority: ....
  150         Section 2. This act shall take effect upon becoming a law.