U.S. Court of Appeals Affirms that Florida Law about Record Disclosure is Invalid

Recently, a U.S. Court of Appeals held that a Florida law about the release of nursing home records was invalid. The conflict of law presented itself when Opis Management Resources, Inc., along with several other nursing home providers were fined for adhering to the federal Health Insurance Portability and Accountability Act’s (HIPAA) record disclosure requirements which is more stringent than Florida law.

The nursing homes did not disclose records to spouses or “‘attorneys in fact'” of deceased residents because according to HIPAA those persons were not authorized. However, Florida law states that nursing homes “‘shall furnish to the spouse, guardian, surrogate, proxy, or attorney in fact . . . of a former resident . . . a copy of that resident’s records which are in the possession of the facility.'” Moreover, “Copies of such records . . . may be made available prior to the administration of an estate, upon request, to the spouse, guardian, surrogate, proxy, or attorney in fact.'” HIPAA states the release of medical records will only be disclosed to the nursing home patient or his executor, administrator, or person who can act on behalf of the patient or his estate.

In 2011, the trial court held that the Florida statute was invalid. On April 9, 2013 the U.S. Court of Appeals affirmed the decision. The Florida Agency for Health Care Administration (AHCA) argued the laws did not conflict, instead the two laws could be reconciled with one another. The appellate court rejected the agreement claiming that the Florida law frustrated HIPPA’s purpose.

See Julie Gallagher, Martin R. Dix, and Sheryl D. Rosen, Federal Appeals Court Sides With HIPPA Over Florida Law in “Catch 22” Case Over the Release of Deceased Patient Records by Nursing Homes, Ackerman.com, Apr. 11, 2013.