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?
No. There are no requirements, under Florida law, to obtain consent when transferring medical records when a medical practice changes ownership per the Florida Medical Association’s “Florida HIPAA Preemption Analysis….” According to the Federal Register “Health Care Operations: Changes of Legal Ownership” the “sale, transfer, consolidation or merger” of a covered entity are considered health care operations. Thus, the “covered entity may use or disclose protected health information in connection with a sale or transfer of assets…” and “transfer records containing PHI as part of the transaction” without the patient’s written authorization.
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?
- Does the HIPAA Privacy rule require a practice to obtain a signed "Confidentiality Agreement" or signed Business Associates Agreement for all pharmaceutical reps?
- Do mandatory reporting requirements set forth by Florida statutes pre-empt HIPAA privacy provisions?
