Do mandatory reporting requirements set forth by Florida statues pre-empt HIPAA privacy provisions?
Generally, yes. A good example would be FS 381.003 which requires a physician that diagnoses or suspects the existence of a disease of public health significance to immediately report the fact to the Department of health. However, because the legal waters pertaining to most HIPAA privacy provisions have yet been tested, it is wise to seek legal or risk management guidance when uncertainty may arise.
Related Questions
- Do HIPAA privacy regulations set forth Privacy Notice requirements for electronic communications such as websites?
- Do mandatory reporting requirements set forth by Florida statutes pre-empt HIPAA privacy provisions?
- Do mandatory reporting requirements set forth by Florida statues pre-empt HIPAA privacy provisions?
