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.
   23  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.