Bill Text: FL S0826 | 2017 | Regular Session | Introduced
Bill Title: Medical Records
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Health Policy [S0826 Detail]
Download: Florida-2017-S0826-Introduced.html
Florida Senate - 2017 SB 826
By Senator Mayfield
17-00675-17 2017826__
1 A bill to be entitled
2 An act relating to medical records; amending s.
3 395.3025, F.S.; revising costs that licensed
4 facilities may include in their charge for patient
5 records and reports; authorizing a flat fee for the
6 furnishing of electronic medical records; amending s.
7 456.057, F.S.; revising who may charge for reproducing
8 a patient’s records and who may receive the patient’s
9 records for certain costs; authorizing a flat fee for
10 the furnishing of electronic medical records; removing
11 the authority of boards and departments to specify the
12 cost of patient medical records; amending ss.
13 316.1932, 316.1933, 395.4025, and 440.185, F.S.;
14 conforming provisions to changes made by the act;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (1) of section 395.3025, Florida
20 Statutes, is amended, present subsections (2) through (11) are
21 redesignated as (4) through (13), respectively, and new
22 subsections (2) and (3) are added to that section, to read:
23 395.3025 Patient and personnel records; copies;
24 examination.—
25 (1) Any licensed facility shall, upon written request, and
26 only after discharge of the patient, furnish, in a timely
27 manner, without delays for legal review, to the patient or to
28 his or her any person admitted therein for care and treatment or
29 treated thereat, or to any such person’s guardian, curator,
30 attorney, or personal representative, or in the absence of one
31 of those persons, to the next of kin of a decedent or the parent
32 of a minor, or to anyone designated by such person in writing, a
33 true and correct copy of all patient records and reports,
34 including X rays, and insurance information concerning such
35 person, which records are in the possession of the licensed
36 facility, provided the person requesting such records and
37 reports agrees to pay a charge, if one is necessary. The
38 exclusive charge for furnishing copies of patient records and
39 reports or making the records and reports available for digital
40 scanning under this section shall be no more than a reasonable,
41 cost-based fee, provided that the fee includes only the cost of:
42 (a) Labor for copying the patient records and reports that
43 the person requested, whether in paper or electronic form. Labor
44 for copying includes only labor for creating and delivering the
45 electronic or paper copy in the form and format the person
46 requested or agreed upon. Reviewing the request for access and
47 searching for, retrieving, and otherwise preparing the requested
48 information for copying may not be used for purposes of
49 calculating the fees that can be charged to individuals;
50 (b) Supplies for creating the paper copy or electronic
51 media, if the individual requests that the electronic copy be
52 provided on portable media;
53 (c) Postage, when the individual has requested the records
54 and reports be mailed; and
55 (d) Sales tax may include sales tax and actual postage,
56 and, except for nonpaper records that are subject to a charge
57 not to exceed $2, may not exceed $1 per page. A fee of up to $1
58 may be charged for each year of records requested.
59
60 These charges shall apply to all records furnished, whether
61 directly from the facility or from a copy service providing
62 these services on behalf of the facility. However, a patient
63 whose records are copied or searched for the purpose of
64 continuing to receive medical care is not required to pay a
65 charge for copying or for the search. The licensed facility
66 shall further allow any such person to examine the original
67 records in its possession, or microforms or other suitable
68 reproductions of the records, upon such reasonable terms as
69 shall be imposed to assure that the records will not be damaged,
70 destroyed, or altered.
71 (2) As an alternative to the fee charged in subsection (1),
72 a licensed facility or a business operating on its behalf may
73 charge individuals a flat fee for all requests for electronic
74 copies of patient records and reports maintained electronically,
75 provided the fee does not exceed $6.50, inclusive of all labor,
76 supplies, and any applicable postage.
77 (3) Costs associated with updates to or maintenance of
78 systems and data, capital expenditures for data storage and
79 maintenance, labor associated with ensuring compliance with 45
80 C.F.R. s. 164.524 and other applicable laws in fulfilling the
81 access request, and administrative and other costs associated
82 with outsourcing the function of responding to individual
83 requests for patient records and reports may not be used for
84 purposes of calculating the fees that can be charged to
85 individuals.
86 Section 2. Subsection (17) of section 456.057, Florida
87 Statutes, is amended to read:
88 456.057 Ownership and control of patient records; report or
89 copies of records to be furnished; disclosure of information.—
90 (17) A health care practitioner or records owner, or a
91 business operating on his or her behalf, who is furnishing
92 copies of reports or records or making the reports or records
93 available for digital scanning under pursuant to this section
94 for a patient; a patient’s guardian, curator, attorney, or
95 personal representative; or, in the absence of one of those
96 persons, to the next of kin of a decedent or the parent of a
97 minor, or to anyone designated by such person, shall charge no
98 more than either the actual cost of copying, including
99 reasonable staff time and postage, or a flat fee for all
100 requests for electronic copies of patient records and reports
101 maintained electronically, provided the fee does not exceed
102 $6.50, inclusive of all labor, supplies, and any applicable
103 postage, or the amount specified in administrative rule by the
104 appropriate board, or the department when there is no board.
105 Section 3. Paragraph (f) of subsection (1) of section
106 316.1932, Florida Statutes, is amended to read:
107 316.1932 Tests for alcohol, chemical substances, or
108 controlled substances; implied consent; refusal.—
109 (1)
110 (f)1. The tests determining the weight of alcohol in the
111 defendant’s blood or breath shall be administered at the request
112 of a law enforcement officer substantially in accordance with
113 rules of the Department of Law Enforcement. Such rules must
114 specify precisely the test or tests that are approved by the
115 Department of Law Enforcement for reliability of result and ease
116 of administration, and must provide an approved method of
117 administration which must be followed in all such tests given
118 under this section. However, the failure of a law enforcement
119 officer to request the withdrawal of blood does not affect the
120 admissibility of a test of blood withdrawn for medical purposes.
121 2.a. Only a physician, certified paramedic, registered
122 nurse, licensed practical nurse, other personnel authorized by a
123 hospital to draw blood, or duly licensed clinical laboratory
124 director, supervisor, technologist, or technician, acting at the
125 request of a law enforcement officer, may withdraw blood for the
126 purpose of determining its alcoholic content or the presence of
127 chemical substances or controlled substances therein. However,
128 the failure of a law enforcement officer to request the
129 withdrawal of blood does not affect the admissibility of a test
130 of blood withdrawn for medical purposes.
131 b. Notwithstanding any provision of law pertaining to the
132 confidentiality of hospital records or other medical records, if
133 a health care provider, who is providing medical care in a
134 health care facility to a person injured in a motor vehicle
135 crash, becomes aware, as a result of any blood test performed in
136 the course of that medical treatment, that the person’s blood
137 alcohol level meets or exceeds the blood-alcohol level specified
138 in s. 316.193(1)(b), the health care provider may notify any law
139 enforcement officer or law enforcement agency. Any such notice
140 must be given within a reasonable time after the health care
141 provider receives the test result. Any such notice shall be used
142 only for the purpose of providing the law enforcement officer
143 with reasonable cause to request the withdrawal of a blood
144 sample pursuant to this section.
145 c. The notice shall consist only of the name of the person
146 being treated, the name of the person who drew the blood, the
147 blood-alcohol level indicated by the test, and the date and time
148 of the administration of the test.
149 d. Nothing contained in s. 395.3025(6) s. 395.3025(4), s.
150 456.057, or any applicable practice act affects the authority to
151 provide notice under this section, and the health care provider
152 is not considered to have breached any duty owed to the person
153 under s. 395.3025(6) s. 395.3025(4), s. 456.057, or any
154 applicable practice act by providing notice or failing to
155 provide notice. It shall not be a breach of any ethical, moral,
156 or legal duty for a health care provider to provide notice or
157 fail to provide notice.
158 e. A civil, criminal, or administrative action may not be
159 brought against any person or health care provider participating
160 in good faith in the provision of notice or failure to provide
161 notice as provided in this section. Any person or health care
162 provider participating in the provision of notice or failure to
163 provide notice as provided in this section shall be immune from
164 any civil or criminal liability and from any professional
165 disciplinary action with respect to the provision of notice or
166 failure to provide notice under this section. Any such
167 participant has the same immunity with respect to participating
168 in any judicial proceedings resulting from the notice or failure
169 to provide notice.
170 3. The person tested may, at his or her own expense, have a
171 physician, registered nurse, other personnel authorized by a
172 hospital to draw blood, or duly licensed clinical laboratory
173 director, supervisor, technologist, or technician, or other
174 person of his or her own choosing administer an independent test
175 in addition to the test administered at the direction of the law
176 enforcement officer for the purpose of determining the amount of
177 alcohol in the person’s blood or breath or the presence of
178 chemical substances or controlled substances at the time
179 alleged, as shown by chemical analysis of his or her blood or
180 urine, or by chemical or physical test of his or her breath. The
181 failure or inability to obtain an independent test by a person
182 does not preclude the admissibility in evidence of the test
183 taken at the direction of the law enforcement officer. The law
184 enforcement officer shall not interfere with the person’s
185 opportunity to obtain the independent test and shall provide the
186 person with timely telephone access to secure the test, but the
187 burden is on the person to arrange and secure the test at the
188 person’s own expense.
189 4. Upon the request of the person tested, full information
190 concerning the results of the test taken at the direction of the
191 law enforcement officer shall be made available to the person or
192 his or her attorney. Full information is limited to the
193 following:
194 a. The type of test administered and the procedures
195 followed.
196 b. The time of the collection of the blood or breath sample
197 analyzed.
198 c. The numerical results of the test indicating the alcohol
199 content of the blood and breath.
200 d. The type and status of any permit issued by the
201 Department of Law Enforcement which was held by the person who
202 performed the test.
203 e. If the test was administered by means of a breath
204 testing instrument, the date of performance of the most recent
205 required inspection of such instrument.
206
207 Full information does not include manuals, schematics, or
208 software of the instrument used to test the person or any other
209 material that is not in the actual possession of the state.
210 Additionally, full information does not include information in
211 the possession of the manufacturer of the test instrument.
212 5. A hospital, clinical laboratory, medical clinic, or
213 similar medical institution or physician, certified paramedic,
214 registered nurse, licensed practical nurse, other personnel
215 authorized by a hospital to draw blood, or duly licensed
216 clinical laboratory director, supervisor, technologist, or
217 technician, or other person assisting a law enforcement officer
218 does not incur any civil or criminal liability as a result of
219 the withdrawal or analysis of a blood or urine specimen, or the
220 chemical or physical test of a person’s breath pursuant to
221 accepted medical standards when requested by a law enforcement
222 officer, regardless of whether or not the subject resisted
223 administration of the test.
224 Section 4. Paragraph (a) of subsection (2) of section
225 316.1933, Florida Statutes, is amended to read:
226 316.1933 Blood test for impairment or intoxication in cases
227 of death or serious bodily injury; right to use reasonable
228 force.—
229 (2)(a) Only a physician, certified paramedic, registered
230 nurse, licensed practical nurse, other personnel authorized by a
231 hospital to draw blood, or duly licensed clinical laboratory
232 director, supervisor, technologist, or technician, acting at the
233 request of a law enforcement officer, may withdraw blood for the
234 purpose of determining the alcoholic content thereof or the
235 presence of chemical substances or controlled substances
236 therein. However, the failure of a law enforcement officer to
237 request the withdrawal of blood shall not affect the
238 admissibility of a test of blood withdrawn for medical purposes.
239 1. Notwithstanding any provision of law pertaining to the
240 confidentiality of hospital records or other medical records, if
241 a health care provider, who is providing medical care in a
242 health care facility to a person injured in a motor vehicle
243 crash, becomes aware, as a result of any blood test performed in
244 the course of that medical treatment, that the person’s blood
245 alcohol level meets or exceeds the blood-alcohol level specified
246 in s. 316.193(1)(b), the health care provider may notify any law
247 enforcement officer or law enforcement agency. Any such notice
248 must be given within a reasonable time after the health care
249 provider receives the test result. Any such notice shall be used
250 only for the purpose of providing the law enforcement officer
251 with reasonable cause to request the withdrawal of a blood
252 sample pursuant to this section.
253 2. The notice shall consist only of the name of the person
254 being treated, the name of the person who drew the blood, the
255 blood-alcohol level indicated by the test, and the date and time
256 of the administration of the test.
257 3. Nothing contained in s. 395.3025(6) s. 395.3025(4), s.
258 456.057, or any applicable practice act affects the authority to
259 provide notice under this section, and the health care provider
260 is not considered to have breached any duty owed to the person
261 under s. 395.3025(6) s. 395.3025(4), s. 456.057, or any
262 applicable practice act by providing notice or failing to
263 provide notice. It shall not be a breach of any ethical, moral,
264 or legal duty for a health care provider to provide notice or
265 fail to provide notice.
266 4. A civil, criminal, or administrative action may not be
267 brought against any person or health care provider participating
268 in good faith in the provision of notice or failure to provide
269 notice as provided in this section. Any person or health care
270 provider participating in the provision of notice or failure to
271 provide notice as provided in this section shall be immune from
272 any civil or criminal liability and from any professional
273 disciplinary action with respect to the provision of notice or
274 failure to provide notice under this section. Any such
275 participant has the same immunity with respect to participating
276 in any judicial proceedings resulting from the notice or failure
277 to provide notice.
278 Section 5. Subsection (12) of section 395.4025, Florida
279 Statutes, is amended to read:
280 395.4025 Trauma centers; selection; quality assurance;
281 records.—
282 (12) Patient care, transport, or treatment records or
283 reports, or patient care quality assurance proceedings, records,
284 or reports obtained or made pursuant to this section, s.
285 395.3025(6)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s.
286 395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s.
287 395.50, or s. 395.51 must be held confidential by the department
288 or its agent and are exempt from the provisions of s. 119.07(1).
289 Patient care quality assurance proceedings, records, or reports
290 obtained or made pursuant to these sections are not subject to
291 discovery or introduction into evidence in any civil or
292 administrative action.
293 Section 6. Subsection (4) of section 440.185, Florida
294 Statutes, is amended to read:
295 440.185 Notice of injury or death; reports; penalties for
296 violations.—
297 (4) Additional reports with respect to such injury and of
298 the condition of such employee, including copies of medical
299 reports, funeral expenses, and wage statements, shall be filed
300 by the employer or carrier to the department at such times and
301 in such manner as the department may prescribe by rule. In
302 carrying out its responsibilities under this chapter, the
303 department or agency may by rule provide for the obtaining of
304 any medical records relating to medical treatment provided
305 pursuant to this chapter, notwithstanding the provisions of ss.
306 90.503 and 395.3025(6) 395.3025(4).
307 Section 7. This act shall take effect upon becoming a law.
