Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1606
       
       
       
       
       
       
                                Ì3327929Î332792                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2025           .                                
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       The Committee on Health Policy (Grall) recommended the
       following:
       
    1         Senate Amendment
    2  
    3         Delete lines 59 - 250
    4  and insert:
    5  requested records in the manner chosen by the requester,
    6  including, but not limited to, an electronic format, submission
    7  through a patient’s electronic personal health record, or access
    8  through a web-based patient portal if the service provider
    9  maintains a patient portal.
   10         Section 2. Subsections (1), (2), and (3), paragraph (e) of
   11  subsection (4), paragraph (a) of subsection (7), and subsection
   12  (8) of section 395.3025, Florida Statutes, are amended to read:
   13         395.3025 Patient and personnel records; copy costs copies;
   14  examination.—
   15         (1) Any licensed facility shall, upon written request, and
   16  only after discharge of the patient, furnish, in a timely
   17  manner, without delays for legal review, to any person admitted
   18  therein for care and treatment or treated thereat, or to any
   19  such person’s guardian, curator, or personal representative, or
   20  in the absence of one of those persons, to the next of kin of a
   21  decedent or the parent of a minor, or to anyone designated by
   22  such person in writing, a true and correct copy of all patient
   23  records, including X rays, and insurance information concerning
   24  such person, which records are in the possession of the licensed
   25  facility, provided the person requesting such records agrees to
   26  pay a charge. The exclusive charge for copies of patient records
   27  may include sales tax and actual postage, and, except for
   28  nonpaper records that are subject to a charge not to exceed $2,
   29  may not exceed $1 per page. A fee of up to $1 may be charged for
   30  each year of records requested. These charges shall apply to all
   31  records furnished, whether directly from the facility or from a
   32  copy service providing these services on behalf of the facility.
   33  However, a patient whose records are copied or searched for the
   34  purpose of continuing to receive medical care is not required to
   35  pay a charge for copying or for the search. The licensed
   36  facility shall further allow any such person to examine the
   37  original records in its possession, or microforms or other
   38  suitable reproductions of the records, upon such reasonable
   39  terms as shall be imposed to assure that the records will not be
   40  damaged, destroyed, or altered.
   41         (2) This section does not apply to records maintained at
   42  any licensed facility the primary function of which is to
   43  provide psychiatric care to its patients, or to records of
   44  treatment for any mental or emotional condition at any other
   45  licensed facility which are governed by the provisions of s.
   46  394.4615.
   47         (3) This section does not apply to records of substance
   48  abuse impaired persons, which are governed by s. 397.501.
   49         (2)(4) Patient records are confidential and must not be
   50  disclosed without the consent of the patient or his or her legal
   51  representative, but appropriate disclosure may be made without
   52  such consent to:
   53         (e) The Department of Health agency upon subpoena issued
   54  pursuant to s. 456.071, but the records obtained thereby must be
   55  used solely for the purpose of the department agency and the
   56  appropriate professional board in its investigation,
   57  prosecution, and appeal of disciplinary proceedings. If the
   58  department agency requests copies of the records, the facility
   59  shall charge no more than its actual copying costs, including
   60  reasonable staff time. The records must be sealed and must not
   61  be available to the public pursuant to s. 119.07(1) or any other
   62  statute providing access to records, nor may they be available
   63  to the public as part of the record of investigation for and
   64  prosecution in disciplinary proceedings made available to the
   65  public by the department agency or the appropriate regulatory
   66  board. However, the department agency must make available, upon
   67  written request by a practitioner against whom probable cause
   68  has been found, any such records that form the basis of the
   69  determination of probable cause.
   70         (5)(a)(7)(a) If the content of any record of patient
   71  treatment is provided under this section, the recipient, if
   72  other than the patient or the patient’s representative, may use
   73  such information only for the purpose provided and may not
   74  further disclose any information to any other person or entity,
   75  unless expressly permitted by the written consent of the
   76  patient. A general authorization for the release of medical
   77  information is not sufficient for this purpose. The content of
   78  such patient treatment record is confidential and exempt from
   79  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   80  Constitution.
   81         (6)(8) Patient records at hospitals and ambulatory surgical
   82  centers are exempt from disclosure under s. 119.07(1), except as
   83  provided by subsections (2) and (3) (1)-(5).
   84         Section 3. Present paragraphs (a) through (j) of subsection
   85  (7) of section 397.501, Florida Statutes, are redesignated as
   86  paragraphs (c) through (l), respectively, and new paragraphs (a)
   87  and (b) are added to that subsection, to read:
   88         397.501 Rights of individuals.—Individuals receiving
   89  substance abuse services from any service provider are
   90  guaranteed protection of the rights specified in this section,
   91  unless otherwise expressly provided, and service providers must
   92  ensure the protection of such rights.
   93         (7) RIGHT TO ACCESS AND CONFIDENTIALITY OF INDIVIDUAL
   94  RECORDS.—
   95         (a)Within 14 working days after receiving a written
   96  request from an individual or an individual’s legal
   97  representative, a service provider shall furnish a true and
   98  correct copy of all records in the possession of the service
   99  provider. The service provider may furnish the requested records
  100  in paper form or, upon request, in an electronic format. A
  101  service provider that maintains an electronic health record
  102  system shall furnish the requested records in the manner chosen
  103  by the requester, including, but not limited to, an electronic
  104  format, submission through a patient’s electronic personal
  105  health record, or access through a web-based patient portal if
  106  the service provider maintains a patient portal. For purposes of
  107  this section, the term “legal representative” has the same
  108  meaning as provided in s. 408.833(1).
  109         (b)Within 10 working days after receiving such a request
  110  from an individual or an individual’s legal representative, a
  111  service provider shall provide access to examine the original
  112  records in its possession, or microforms or other suitable
  113  reproductions of the records. The service provider may impose
  114  any reasonable terms necessary to ensure that the records will
  115  not be damaged, destroyed, or altered.
  116         Section 4. Subsection (1) of section 400.145, Florida
  117  Statutes, is amended to read:
  118         400.145 Copies of records of care and treatment of
  119  resident.—
  120         (1) Upon receipt of a written request that complies with
  121  the federal Health Insurance Portability and Accountability Act
  122  of 1996 (HIPAA) and this section, a nursing home facility shall
  123  furnish to a competent resident, or to a representative of that
  124  resident who is authorized to make requests for the resident’s
  125  records under HIPAA or subsection (2), copies of the resident’s
  126  paper and electronic records that are in possession of the
  127  facility. Such records must include any medical records and
  128  records concerning the care and treatment of the resident
  129  performed by the facility, except for progress notes and
  130  consultation report sections of a psychiatric nature. The
  131  facility shall provide a resident with access to the requested
  132  records within 24 hours, excluding weekends and holidays, and
  133  provide copies of the requested records within 2 14 working days
  134  after receipt of a request relating to a current resident or
  135  within 30 working days after receipt of a request relating to a
  136  former resident.
  137         Section 5. Section 408.833, Florida Statutes, is created to
  138  read:
  139         408.833Client access to medical records.—
  140         (1)For purposes of this section, the term “legal
  141  representative” means an attorney who has been designated by a
  142  client to receive copies of the client’s medical, care and
  143  treatment, or interdisciplinary records; a legally recognized
  144  guardian of the client; a court-appointed representative of the
  145  client; or a person designated by the client or by a court of
  146  competent jurisdiction to receive copies of the client’s
  147  medical, care and treatment, or interdisciplinary records.
  148         (2)Within 14 working days after receiving a written
  149  request from a client or client’s legal representative, a
  150  provider shall furnish a true and correct copy of all records,
  151  including medical, care and treatment, and interdisciplinary
  152  records, as applicable, in the possession of the provider. A
  153  provider may furnish the requested records in paper form or,
  154  upon request, in an electronic format. A provider that maintains
  155  an electronic health record system shall furnish the requested
  156  records in the manner chosen by the requester, including, but
  157  not limited to, an electronic format, submission through a
  158  patient’s electronic personal health record, or access through a
  159  web-based patient portal if the provider maintains a patient
  160  portal.
  161         (3)Within 10 working days after receiving a request from a
  162  client or a client’s legal representative, a provider shall
  163  provide access to examine the original records in its
  164  possession, or microforms or other suitable reproductions of the
  165  records. A provider may impose any reasonable terms necessary to
  166  ensure that the records will not be damaged, destroyed, or
  167  altered.
  168         (4)This section does not apply to:
  169         (a)Records maintained at a licensed facility, as defined
  170  in s. 395.002, the primary function of which is to provide
  171  psychiatric care to its patients, or to records of treatment for
  172  any mental or emotional condition at any other licensed facility
  173  which are governed by s. 394.4615;
  174         (b)Records of substance abuse impaired persons which are
  175  governed by s. 397.501; or
  176         (c)Records of a resident of a nursing home facility.
  177         Section 6. Subsection (6) of section 456.057, Florida
  178  Statutes, is amended to read:
  179         456.057 Ownership and control of patient records; report or
  180  copies of records to be furnished; disclosure of information.—
  181         (6)(a) Any health care practitioner licensed by the
  182  department or a board within the department who makes a physical
  183  or mental examination of, or administers treatment or dispenses
  184  legend drugs to, any patient person shall, upon request of such
  185  patient person or the patient’s person’s legal representative,
  186  furnish, within 14 working days after such request in a timely
  187  manner, without delays for legal review, copies of all reports
  188  and records relating to such examination or treatment, including
  189  X rays and insurance information. A health care practitioner may
  190  furnish the requested reports and records in paper form or, upon
  191  request, in an electronic format. A health care practitioner who
  192  maintains an electronic health record system shall furnish the
  193  requested reports and records in the manner chosen by the
  194  requester, including, but not limited to, an electronic format,
  195  submission through a patient’s electronic personal health
  196  record, or access through a web-based patient portal if the
  197  practitioner maintains a patient portal. For purposes of this
  198  section,