Do mandatory reporting requirements set forth by Florida statutes 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 first.
Related Questions
- Does HIPAA Privacy law or Florida statutes require a physician to obtain the patients written authorization in order to transfer their medical records at the time of sale or retirement from practice?
- 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?
