History.—s. 1, ch. 92-118; s. 160, ch. 92-149; s. 89, ch. 97-261; ss. 192, 265, ch. 98-166; s. 78, ch. 2000-160; s. 117, ch. 2014-17. Note.—Former s. 455.2455; s. 455.691.
amount of charges for medical services in excess of those authorized under this section, other than the unmet deductible and the 20 percent of charges that Medicare does not pay, shall be deemed null, void, and of no merit.
456.057—Ownership and Control of Patient Records; Report or Copies of Records to Be Furnished; Disclosure of Information
(1) As used in this section, the term “records owner” means any health care practitioner who generates a medical record after making a physical or mental examination of, or administering treatment or dispensing legend drugs to, any person; any health care practitioner to whom records are transferred by a previous records owner; or any health care practitioner’s employer, including, but not limited to, group practices and staff-model health maintenance organizations, provided the employment contract or agreement between the employer and the health care practitioner designates the employer as the records owner. (2) As used in this section, the terms “records owner,” “health care practitioner,” and “health care practitioner’s employer” do not include any of the following persons or entities; furthermore, the following persons or entities are not authorized to acquire or own medical records, but are authorized under the confidentiality and disclosure requirements of this section to maintain those documents required by the part or chapter under which they are licensed or regulated: (a) Certified nursing assistants regulated under part II of chapter 464. (b) Pharmacists and pharmacies licensed under chapter 465. (c) Dental hygienists licensed under s. 466.023. (d) Nursing home administrators licensed under part II of chapter 468. (e) Respiratory therapists regulated under part V of chapter 468. (f) Athletic trainers licensed under part XIII of chapter 468. (g) Electrologists licensed under chapter 478. (h) Clinical laboratory personnel licensed under part I of chapter 483. (i) Medical physicists licensed under part II of chapter 483. (j) Opticians and optical establishments licensed or permitted under part I of chapter 484. (k) Persons or entities practicing under s. 627.736(7). (3) As used in this section, the term “records custodian” means any person or entity that: (a) Maintains documents that are authorized in subsection (2); or (b) Obtains medical records from a records owner. (4) Any health care practitioner’s employer who is a records owner and any records custodian shall maintain records or documents as provided under the confidentiality and disclosure requirements of this section. (5) This section does not apply to facilities licensed under chapter 395. (6) Any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. However, when a patient’s psychiatric, chapter 490 psychological, or
chapter 491 psychotherapeutic records are requested by the patient or the patient’s legal representative, the health care practitioner may provide a report of examination and treatment in lieu of copies of records. Upon a patient’s written request, complete copies of the patient’s psychiatric records shall be provided directly to a subsequent treating psychiatrist. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered. (7) (a) Except as otherwise provided in this section and in s. 440.13(4)(c), such records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient, the patient’s legal representative, or other health care practitioners and providers involved in the patient’s care or treatment, except upon written authorization from the patient. However, such records may be furnished without written authorization under the following circumstances: 1. To any person, firm, or corporation that has procured or furnished such care or treatment with the patient’s consent. 2. When compulsory physical examination is made pursuant to Rule 1.360, Florida Rules of Civil Procedure, in which case copies of the medical records shall be furnished to both the defendant and the plaintiff. 3. In any civil or criminal action, unless otherwise jurisdiction and proper notice to the patient or the patient’s legal representative by the party seeking such records. 4. For statistical and scientific research, provided the information is abstracted in such a way as to protect the identity of the patient or provided written permission is received from the patient or the patient’s legal representative. prohibited by law, upon the issuance of a subpoena from a court of competent 5. To a regional poison control center for purposes of treating a poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of s. 395.1027 and the professional organization that certifies poison control centers in accordance with federal law. 6. To the Department of Children and Families, its agent, or its contracted entity, for the purpose of investigations of or services for cases of abuse, neglect, or exploitation of children or vulnerable adults. (b) Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited. (c) Information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may
Page 41
Book Code: MFL1225
EliteLearning.com/Massage-Therapy
Powered by FlippingBook