HB 1609

1
A bill to be entitled
2An act relating to patient records; amending s. 395.3025,
3F.S.; requiring disclosure by a licensed facility
4concerning individually identifiable health information
5transmitted to a site outside the United States; requiring
6notice to and consent of the patient; providing for
7renewal and revocation of consent; providing for a consent
8form and contents thereof; prohibiting discrimination
9based on refusal to grant consent; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (7) of section 395.3025, Florida
15Statutes, is amended to read:
16     395.3025  Patient and personnel records; copies;
17examination; transmission of records; consent.--
18     (7)(a)  If the content of any record of patient treatment
19is provided under this section, the recipient, if other than the
20patient or the patient's representative, may use such
21information only for the purpose provided and may not further
22disclose any information to any other person or entity, unless
23expressly permitted by the written consent of the patient. A
24general authorization for the release of medical information is
25not sufficient for this purpose. The content of such patient
26treatment record is confidential and exempt from the provisions
27of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
28     (b)  Absent a specific written release or authorization
29permitting utilization of patient information for solicitation
30or marketing the sale of goods or services, any use of that
31information for those purposes is prohibited.
32     (c)  A person or entity that has contracted or
33subcontracted with a licensed facility as defined in s.
34395.002(17) to receive individually identifiable health
35information shall disclose to the licensed facility whether any
36of the information will be transmitted to a site outside the
37United States.
38     (d)  A licensed facility, or person or entity that has
39contracted or subcontracted with a licensed facility, shall not
40transmit individually identifiable health information to a site
41outside the United States unless all of the following apply:
42     1.  The licensed facility discloses to the patient upon
43admission or as soon as practicable after admission, that his or
44her individually identifiable health information may be
45transmitted to a site outside the United States.
46     2.  The licensed facility obtains written consent from the
47patient to transmit his or her individually identifiable health
48information to a site outside the United States.
49     3.  The consent of the patient has been granted or renewed
50on an annual basis.
51     4.  The patient may revoke consent in writing at any time.
52     (e)  Except for a request for health care services
53initiated by a person seeking diagnosis or treatment outside the
54United States, a licensed facility shall utilize a form to
55obtain consent to transmit individually identifiable health
56information to a site outside the United States. The form shall
57meet the following criteria:
58     1.  It shall be a separate document and shall not be
59attached to any other document.
60     2.  It shall be dated and signed by the patient whose
61health care information is identifiable.
62     3.  It shall clearly disclose all of the following:
63     a.  By signing, the patient is consenting to the
64transmission of his or her individually identifiable health
65information to a site outside the United States where the
66information is not protected by United States confidentiality
67laws.
68     b.  The consent of the patient must be renewed on an annual
69basis.
70     c.  The patient may revoke consent at any time.
71     d.  The procedure by which consent may be revoked.
72
73A licensed facility shall not discriminate against an individual
74or deny an individual health care service because the individual
75has not provided consent pursuant to this subsection.
76     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.