| 1 | A bill to be entitled |
| 2 | An act relating to patient records; amending s. 395.3025, |
| 3 | F.S.; requiring disclosure by a licensed facility |
| 4 | concerning individually identifiable health information |
| 5 | transmitted to a site outside the United States; requiring |
| 6 | notice to and consent of the patient; providing for |
| 7 | renewal and revocation of consent; providing for a consent |
| 8 | form and contents thereof; prohibiting discrimination |
| 9 | based on refusal to grant consent; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (7) of section 395.3025, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 395.3025 Patient and personnel records; copies; |
| 17 | examination; transmission of records; consent.-- |
| 18 | (7)(a) If the content of any record of patient treatment |
| 19 | is provided under this section, the recipient, if other than the |
| 20 | patient or the patient's representative, may use such |
| 21 | information only for the purpose provided and may not further |
| 22 | disclose any information to any other person or entity, unless |
| 23 | expressly permitted by the written consent of the patient. A |
| 24 | general authorization for the release of medical information is |
| 25 | not sufficient for this purpose. The content of such patient |
| 26 | treatment record is confidential and exempt from the provisions |
| 27 | of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 28 | (b) Absent a specific written release or authorization |
| 29 | permitting utilization of patient information for solicitation |
| 30 | or marketing the sale of goods or services, any use of that |
| 31 | information for those purposes is prohibited. |
| 32 | (c) A person or entity that has contracted or |
| 33 | subcontracted with a licensed facility as defined in s. |
| 34 | 395.002(17) to receive individually identifiable health |
| 35 | information shall disclose to the licensed facility whether any |
| 36 | of the information will be transmitted to a site outside the |
| 37 | United States. |
| 38 | (d) A licensed facility, or person or entity that has |
| 39 | contracted or subcontracted with a licensed facility, shall not |
| 40 | transmit individually identifiable health information to a site |
| 41 | outside the United States unless all of the following apply: |
| 42 | 1. The licensed facility discloses to the patient upon |
| 43 | admission, or as soon as practicable after admission, that his |
| 44 | or her individually identifiable health information may be |
| 45 | transmitted to a site outside the United States. |
| 46 | 2. The licensed facility obtains written consent from the |
| 47 | patient to transmit his or her individually identifiable health |
| 48 | information to a site outside the United States. |
| 49 | 3. The consent of the patient has been granted or renewed |
| 50 | on 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 |
| 53 | initiated by a person seeking diagnosis or treatment outside the |
| 54 | United States, a licensed facility shall utilize a form to |
| 55 | obtain consent to transmit individually identifiable health |
| 56 | information to a site outside the United States. The form shall |
| 57 | meet the following criteria: |
| 58 | 1. It shall be a separate document and shall not be |
| 59 | attached to any other document. |
| 60 | 2. It shall be dated and signed by the patient whose |
| 61 | health care information is identifiable. |
| 62 | 3. It shall clearly disclose all of the following: |
| 63 | a. By signing, the patient is consenting to the |
| 64 | transmission of his or her individually identifiable health |
| 65 | information to a site outside the United States where the |
| 66 | information is not protected by United States confidentiality |
| 67 | laws. |
| 68 | b. The consent of the patient must be renewed on an annual |
| 69 | basis. |
| 70 | c. The patient may revoke consent at any time. |
| 71 | d. The procedure by which consent may be revoked. |
| 72 |
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| 73 | A licensed facility shall not discriminate against an individual |
| 74 | or deny an individual health care service because the individual |
| 75 | has not provided consent pursuant to this subsection. |
| 76 | Section 2. This act shall take effect July 1, 2006. |