Florida Senate - 2018                                     SB 578
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-00855-18                                            2018578__
    1                        A bill to be entitled                      
    2         An act relating to electronic health records; amending
    3         s. 408.051, F.S.; requiring a contracted vendor to
    4         release certain electronic health care records to
    5         another vendor selected by the health care provider
    6         within a specified timeframe; requiring a contract
    7         between a vendor and a health care provider to include
    8         a certain provision related to the payment of
    9         liquidated damages; providing that a vendor that fails
   10         to transfer designated electronic health records
   11         within the required timeframe is liable under the
   12         provisions of such contract; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (5) of section 408.051, Florida
   18  Statutes, is renumbered as subsection (6) and amended, and a new
   19  subsection (5) is added to that section, to read:
   20         408.051 Florida Electronic Health Records Exchange Act.—
   21         (5) TRANSFER OF ELECTRONIC HEALTH RECORDS BETWEEN VENDORS.
   22  A contracted vendor responsible for the storage and maintenance
   23  of electronic health records for a health care provider shall
   24  release those records to another vendor selected by the health
   25  care provider within 30 days after termination of the contract.
   26  A contract between a vendor and a health care provider must
   27  contain a provision for payment of liquidated damages of no less
   28  than 20 percent of the annual payment to the vendor for
   29  noncompliance with this subsection.
   30         (6)(5) PENALTIES.—
   31         (a) A person who does any of the following may be liable to
   32  the patient or a health care provider that has released an
   33  identifiable health record in reliance on an authorization form
   34  presented to the health care provider by the person for
   35  compensatory damages caused by an unauthorized release, plus
   36  reasonable attorney attorney’s fees and costs:
   37         1.(a) Forges a signature on an authorization form or
   38  materially alters the authorization form of another person
   39  without the person’s authorization; or
   40         2.(b) Obtains an authorization form or an identifiable
   41  health record of another person under false pretenses.
   42         (b) A vendor that fails to transfer designated electronic
   43  health records within the timeframe required under subsection
   44  (5) shall be liable for payment of liquidated damages as
   45  specified in the contract for services.
   46         Section 2. This act shall take effect July 1, 2018.