In the Courts: HIPAA Preempts FL Statute Permitting Broad Disclosure of Records

May 24, 2013 | Aging Services Risk Management


The U.S. Court of Appeals for the 11th Circuit (Alabama, Florida, and Georgia) has held that the Health Insurance Portability and Accountability Act (HIPAA) preempts a Florida statute that requires skilled nursing facilities to provide deceased residents’ records to a wide range of individuals on request.

Section 400.145 of the Florida Statutes, which predates HIPAA by almost a decade, provides that “unless expressly prohibited by a legally competent resident, any nursing home licensed pursuant to this part...

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