59B-16.001: Definitions
59B-16.002: Authorization to Disclose Identifiable Health Records - Providers
59B-16.003: Rebuttable Presumption and Civil Liability
PURPOSE AND EFFECT: The proposed rule development will establish a universal patient authorization form in both paper and electronic formats which may be used by a health care provider to document patient authorization for the disclosure and use, in any form or medium, of an identifiable health record. The universal patient authorization form for disclosure of identifiable health records must be accepted by providers if completed according to the instructions accompanying the form. The proposed rule development will incorporate by reference a universal patient authorization form for the disclosure of identifiable health records including accompanying instructions.
SUBJECT AREA TO BE ADDRESSED: The agency is proposing a rule development that will establish new Rules 59B-16.001 and 59B-16.003, F.A.C., providing for the incorporation by reference of an Authorization to Disclose Identifiable Health Records form and accompanying instructions. The rules provide instructions for the completion of the universal patient authorization form that must be met to create the rebuttable presumption that the release of identifiable health record was appropriate.
SPECIFIC AUTHORITY: 408.15(8) FS.
LAW IMPLEMENTED: 408.051(4) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 21, 2009, 10:00 a.m.
PLACE: Agency for Health Care Administration, Building 3, First Floor Conference Rooms A, 2727 Mahan Drive, Tallahassee, Florida 32308
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Christine Nye, Director, Florida Center for Health Information and Policy Analysis, Building 3, 2727 Mahan Drive, Tallahassee, Florida 32308
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
59B-16.001 Definitions.
As used in Rules 59B-16.001 through 59B-16.003, F.A.C.:
(1) “Health care provider” means a hospital, skilled nursing facility, nursing facility, home health entity or other long term care facility, health care clinic, community mental health center, renal dialysis facility, blood center, ambulatory surgical center, emergency medical services provider, Federally qualified health center, group practice, a pharmacist, a pharmacy, a laboratory, a physician, dentist, podiatrist, optometrist, chiropractor, a nurse practitioner, physician assistant, clinical nurse specialist, a certified nurse midwife, a certified nurse anesthetist, a clinical social worker, a clinical psychologist, a registered dietician or nutrition professional, a speech-language pathologist, a rural health clinic, a physical therapist, an occupational therapist, or any other person or organization that furnishes, bills, or is paid for health care services in the normal course of business.
(2) “Electronic format” means an Authorization for the Disclosure of Identifiable Health Records form that is completed, signed electronically and transmitted electronically to the health care provider if the signature is validated by the provider or third party on behalf of the provider through an authentication process consistent with national standards recognized by the Office of the National Coordinator for Health Information Technology.
Rulemaking Authority 408.15(8) FS. Law Implemented 408.051(4) FS. History–New________.
59B-16.002 Authorization to Disclose Identifiable Health Records to Provider Form and Instructions.
The Authorization to Disclose Identifiable Health Records to Provider form including instructions for completing the form is posted at: www.FHIN.net. The Authorization to Disclose Identifiable Health Records to Provider form dated 10.1.09 is incorporated by reference as AHCA Form FC4200-004.
Rulemaking Authority 408.15(8) FS. Law Implemented 408.051(4) FS. History–New________.
59B-16.003 Rebuttable Presumption and Immunity from Civil Liability.
(1) The exchange by a health care provider of an identifiable health record upon receipt of an authorization form in either paper or electronic format completed and submitted in accordance with agency instructions as provided in Rule 59B-16.002, F.A.C., creates a rebuttable presumption that the release of the identifiable health record was appropriate.
(2) A health care provider that discloses or uses an identifiable health record in reliance on the information provided to the health care provider on a properly completed authorization form that may be on paper or in an electronic format does not violate any right of confidentiality and is immune from civil liability for accessing or releasing an identifiable health record.
Rulemaking Authority 408.15(8) FS. Law Implemented 408.051(4) FS. History–New________.