8112612, 59B-16.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8112612

Notice of Development of Rulemaking

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Cost Management and Control

Chapter:

ELECTRONIC HEALTH RECORDS

Overview

RULE:

59B-16.001	Definitions
59B-16.002	Universal Patient Authorization Forms
59B-16.003	Rebuttable Presumption and Civil Liability

PURPOSE:

The proposed rule development will establish universal patient authorization forms in both paper and electronic formats which may be used by a health care provider to document patient permission for the disclosure and use, in any form or medium, of an identifiable health record. The universal patient authorization forms must be accepted by a provider as valid authorization to release an identifiable health record if the form is completed according to the instructions accompanying the form. The proposed rule development will incorporate by reference a universal patient authorization form for the purpose of treatment and quality of care and a universal patient form that may be used for treatment or certain non-treatment purposes.

SUBJECT:

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 the Universal Patient Authorization Form for Full Health Information Disclosure in Treatment and Quality of Care form, the Universal Patient Authorization for Limited Disclosure of Health Information and accompanying instructions. The rules provide instructions for the completion of the form that must be met to create the rebuttable presumption that the release of identifiable health record was appropriate.

RULEMAKING AUTHORITY:

408.15(8) FS.

LAW:

408.051(4) FS.

PRINT PUBLISH DATE:

1/8/2010 Vol. 36/01

RELATED STATUTES
AND LAWS:

408.15(8) FS., 408.051(4) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=59B-16.001&PDate=1/8/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.