Florida Senate - 2017 SB 1294
By Senator Montford
3-00339B-17 20171294__
1 A bill to be entitled
2 An act relating to confidentiality of patient records;
3 amending s. 400.611, F.S.; providing that a hospice
4 may keep progress notes and consultation reports of a
5 psychiatric nature separate from other records of
6 care; requiring a hospice to maintain an
7 interdisciplinary record of patient care for 6 years
8 after termination of hospice services; revising the
9 conditions under which a hospice may release patient
10 records; prohibiting the release of patient records
11 after the patient’s death unless the hospice is
12 provided with certain written informed consent or upon
13 request in accordance with a court order or by
14 specified individuals; clarifying what constitutes
15 express written informed consent; authorizing a
16 hospice to withhold or redact progress notes and
17 consultation notes of a psychiatric nature in certain
18 circumstances; providing that a patient may in certain
19 circumstances restrict any person from receiving his
20 or her interdisciplinary record of care, subject to
21 certain requirements; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 400.611, Florida Statutes, is amended to
26 read:
27 400.611 Interdisciplinary records of care;
28 confidentiality.—
29 (1) A hospice shall maintain an up-to-date,
30 interdisciplinary record of patient care being given and of
31 patient and family status shall be kept. Interdisciplinary
32 records must shall contain pertinent past and current medical,
33 nursing, social, and other therapeutic information and such
34 other information as that is necessary for the safe and adequate
35 care of the patient. Notations regarding all aspects of care for
36 the patient and family shall be made in the record; however, a
37 hospice may keep progress notes and consultation reports of a
38 psychiatric nature separate from other records of care. When
39 services are terminated, the record must shall show the date and
40 reason for termination.
41 (2) Patient records shall be retained for a period of 6 5
42 years after termination of hospice services, unless otherwise
43 provided by law. In the case of a patient who is a minor, the 6
44 year 5-year period shall begin on the date the patient reaches
45 or would have reached the age of majority.
46 (3) The interdisciplinary record of patient care, including
47 records of care, care plans, and billing records, is are
48 confidential. A hospice may not release a patient’s
49 interdisciplinary record of care, or any portion thereof, except
50 under one of the following circumstances unless:
51 (a) A patient, a or legal guardian, or an incapacitated
52 patient’s representative who is authorized to act on behalf of
53 the patient has given express written informed consent. Express
54 written informed consent includes an unrevoked oral statement of
55 consent which was entered into the patient’s interdisciplinary
56 record of care. Express written informed consent given under
57 this paragraph may authorize the release of the
58 interdisciplinary record of patient care throughout the
59 patient’s life and after his or her death.;
60 (b) After the patient’s death, a request is made:
61 1. In accordance with an order by a court of competent
62 jurisdiction to release the interdisciplinary record of patient
63 care to the requestor or to the requestor’s attorney or agent;
64 2. By a person appointed by a court of competent
65 jurisdiction to act as the personal representative, executor,
66 administrator, curator, or temporary administrator of the
67 deceased patient’s estate;
68 3. If a judicial appointment has not been made as provided
69 in subparagraph 2., by a person whom the patient designated to
70 act as his or her personal representative in a last will that is
71 self-proved under s. 732.503 so ordered; or
72 4. If no person qualifies under subparagraph 2. or
73 subparagraph 3., by only the following individuals:
74 a. A surviving spouse;
75 b. If there is no surviving spouse, a surviving child of
76 the patient; or
77 c. If there is no surviving spouse or child, a surviving
78 parent of the patient.
79
80 When providing an interdisciplinary record of patient care to a
81 requestor authorized under subparagraph 4., a hospice may
82 withhold or redact any progress notes or consultation reports of
83 a psychiatric nature. A patient may, through express written
84 direction, restrict any person from receiving any part of, or
85 all of, his or her interdisciplinary record of care pursuant to
86 subparagraph 4. For the purposes of any restriction a patient
87 made for access to his or her interdisciplinary record of care,
88 express written direction may include an unrevoked oral
89 statement of consent that was entered into the patient’s
90 interdisciplinary record of care.
91 (c) A state or federal agency, acting under its statutory
92 authority, requires submission of aggregate statistical data.
93 Any information obtained from patient records by a state agency
94 pursuant to its statutory authority is confidential and exempt
95 from the provisions of s. 119.07(1).
96 Section 2. This act shall take effect July 1, 2017.